PORT ANGELES — Robert Gene Covarrubias’ new first-degree murder trial should be delayed so DNA testing can be conducted on fingernail clippings, underwear and blood that might link Covarrubias to the death of 15-year-old Melissa Leigh Carter in December 2004, Clallam County Prosecuting Attorney Deb Kelly said Thursday.
Kelly requested the continuance at the regular 9 a.m. Thursday pretrial hearing for Covarrubias at the Clallam County Courthouse, the ground floor of which contains the jail where Covarrubias, 28, is being held in maximum custody on $1 million bail.
Wants speedy trial
But Covarrubias told Superior Court Judge George L. Wood that he wanted his trial to get under way on July 6 as scheduled.
“I have a constitutional right to a speedy trial,” he said.
Wood will issue his ruling at a 9 a.m. hearing Monday.
In April 2006, a jury found Covarrubias guilty of first-degree murder of Carter, and he was sentenced to 34 ½ years.
But on Jan. 6, the state Court of Appeals ordered a new trial, citing errors in the first trial while saying there was enough evidence to convict him.
DNA testing
Kelly said more sophisticated DNA testing has been developed in the last three years and should be conducted on evidence from the first trial, including Carter’s blood, bra, underwear, mouth swab and fingernails.
“We might be able to develop a profile of the individual Melissa Carter was clearly struggling with,” Kelly said, adding Carter’s underwear was “ripped from her body.”
DNA testing also should be conducted on male boxer shorts found near Carter’s body on Olympic Discovery trail just east of the Red Lion Hotel, Kelly said.
Wood said there is a “good possibility” he would delay the trial if it appears that DNA testing, particularly of the fingernails, could yield evidence credible enough to help link Carter to her killer.
Testing questioned
But Port Angeles lawyer Ralph W. Anderson, representing Covarrubias, objected to the continuance, saying new testing would not necessarily reveal new evidence.
He and Covarrubias discussed agreeing to have the boxer shorts tested, but Covarrubias’ “preference is to have a speedy trial,” Anderson said later.
“You have to weigh testing or not testing and him being in prison for three years plus.”
Change of venue
Anderson also said that he intends to ask for a change of venue at the next regularly scheduled pretrial hearing at 9 a.m. Thursday.
“I have a lot of confidence in Clallam County juries,” Anderson said. “I just think too many people have made up their minds.”
Kelly said in a later interview that it’s usually premature for a judge to grant a change of venue before the start of jury selection.
If Covarrubias is found guilty, he could be sentenced to 20 years to life in prison.
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Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
