PORT ANGELES — A Clallam County Superior Court judge has granted a one-month continuance in the first-degree murder trial of Robert Gene Covarrubias.
Further DNA testing on fingernail clippings could link Covarrubias, 28, to the 2004 death of 15-year-old Melissa Carter, Clallam County Prosecuting Attorney Deb Kelly argued in a pre-trial hearing Monday.
Judge George Wood reset the four-week trial from July 6 to Aug. 3.
“The court finds a continuance is appropriate in the administration of justice,” Wood said.
Kelly said there is a “strong possibility” that further testing could produce identifiable, comparable results.
She said more sophisticated testing has been developed in the three years since Covarrubias’ first trial, in which he was found guilty of first-degree murder and sentenced to 34 ½ years.
Carter’s body was found near the Olympic Discovery Trail east of the Port Angeles Red Lion Hotel the day after Christmas in 2004.
New trial ordered
But the state Court of Appeals on Jan. 6 ordered a new trial, citing errors in the first trial despite the presence of enough evidence to convict him.
Covarrubias was convicted in April 2006 after police said DNA evidence tied him to the murder.
Authorities said Covarrubias sexually assaulted Carter. Covarrubias said the sex was consensual. He has maintained his innocence.
Judge Wood on Monday signed an order lifting previous orders prohibiting DNA testing, provided the fingernail extract is tested in the presence of defense expert Dr. Elizabeth Johnson. The test will be conducted at a Texas lab.
Even with a rush order, Kelly said the results could take three weeks.
Covarrubias conferred with defense attorney Ralph W. Anderson but did not address the court during the 20-minute hearing.
“Mr. Covarrubias stands on his desire for a speedy trial,” Anderson told the judge.
Covarrubias is being held on $1 million bail in the Clallam County jail.
Anderson said a hair found at the scene may also need to be tested, but it would be expensive to do so.
Another pre-trial hearing is set for Thursday at 9 a.m.
“We still need to nail down what needs to be tested,” Anderson said.
In another pending matter, Anderson said he needs an additional week to file a motion for a change of venue. He said he would file the motion June 18.
A series of pre-trial hearings in the case have taken place on Thursdays.
The window for the four-week trial is tight. Judge Wood said he will be away for the first two weeks of September. Kelly said she will be out for a week in June and July.
“I don’t foresee any significant delays,” Anderson said.
Meanwhile, Port Angeles attorney Stan Myers appeared as second chair counsel for the defense on Monday.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
