Dunn judge allows DNA

No decision on wife's testimony

— A judge agreed Tuesday to allow prosecutors to use DNA evidence they say links a Dover man to the 2005 death of Nona Dirksmeyer, but he made no ruling on what the man's wife will be allowed to tell jurors.

During a hearing, Circuit Judge Bill Pearson denied a request by Gary Dunn's defense attorneys to suppress DNA found on an open condom wrapper near Dirksmeyer's nude body.

After hearing from both sides, Pearson said the private lab used by the prosecution had standards and audits to help ensure credibility and that there was no evidence the DNA sample had been contaminated.

A prosecution witness testified that the DNA sample was at least a 1 in 2,100 match to Dunn's DNA. But Dunn's attorney, Jeff Rosenzweig, disputed the evidence, calling it inconclusive and echoing a defense witness. Rosenzweig also challenged the statistical conclusions.

"It would be an abuse of discretion to include it," Rosenzweig argued.

Special prosecutor Jack McQuary told Pearson and Rosenzweig that a new state witness would testify that the DNA sample "will be in the hundred-millionrange," but McQuary did not have the witness or his report at Tuesday's hearing.

He promised to provide Dunn's defense team with a copy of the report as soon as he received it.

Dunn, 30, is charged with capital murder in the Dec. 15, 2005, death of Dirksmeyer. Her body was found in her Russellville apartment not far from Arkansas Tech, where Dirksmeyer was a sophomore music major.

The avid beauty pageant contestant who became Miss Petite Jean Valley had been choked, beaten, stabbed and slashed with a knife. Authorities believe she may also have been sexually assaulted.

Dunn, who was in the courtroom Tuesday shackled at the ankles and wrists, could face the death penalty.

Jury selection in his case is to begin Monday in Johnson County Circuit Court in Clarksville, where the trial was moved because of pretrial publicity.

Dunn is the second personto go on trial in Dirksmeyer's death. Her boyfriend, Kevin Jones of Dover, was originally charged with first-degree murder, but a jury acquitted him in July 2007.

Attorneys in the case could not comment on the judge's decisions Tuesday because of a gag order.

One issue that remains unresolved is how much Pearson will allow Dunn's wife, Jennifer Dunn, to say on the witness stand because of marital privilege issues.

Pearson said he would reserve his ruling until he could hear the context of the statements the wife will make and the relevance of those statements.

Jennifer Dunn is to testify for the prosecution. Defense attorneys had filed a motion asking Pearson to prevent her from testifying about her and husband's sex life, as well as allegations that her husband used drugs.

Rosenzweig said the state has led him to believe that Jennifer Dunn's testimony will touch on these issues.

"We'd talk to her ourselves, but she declined to talk to us," Rosenzweig told Pearson.

Northwest Arkansas, Pages 13, 15 on 09/23/2009

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