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Attorney Gives Scenarios For Trimble Case

In Some Cases, DNA Can Be Enough To Convict

POSTED: 6:20 pm CST December 6, 2007
UPDATED: 7:16 pm CST December 6, 2007

A reported DNA match that could solve an old slaying has raised questions about DNA evidence.

According to Channel 4 News, a DNA match has linked Jerome Barrett to Marcia Trimble.

Barrett was released from prison in 2002 after being sent to prison for the 1975 rape of a Belmont student. He was charged in November with the 1975 slaying of Vanderbilt student Sarah Des Prez.

Trimble, 9, was also found dead in a neighbor’s garage in 1975. Police said evidence led them to believe that she had been sexually assaulted and strangled to death.

But what if DNA is all the state has against a suspect? What if they have no witnesses, no confession or no corroborating testimony. Would the DNA be enough?

A strong DNA match could lead to a conviction in the Trimble case because, according to officials, the precedent in Tennessee is that a person can be convicted on DNA alone.

For example, the rape of an elderly woman where all she saw was her assailants shadow was able to be proven by using only DNA. The court ruled that DNA is enough, although they would prefer more evidence.

For 32 years, no one came forward against Barrett because no material evidence tied him to the crime.

Former District Attorney Jim Todd, who is now a defense attorney, said he sees both sides of the case.

How he would defend Barrett?

“You’re going to try and bring out that there were multiple, multiple, multiple, multiple suspects that were looked at by the police. You’re going to try to muddy the water as much as possible. If there is DNA evidence, you’re going to try to impeach the DNA evidence. You’re going to try to say the TBI lab did a poor job, that the sample has been degraded since 1975, that the chain of custody is in question,” he said.

If the DNA is a perfect match, even without another scrap of evidence, it would be strong evidence against Barrett.

“Obviously, the state’s going to say, ‘Hey, you had better have a very good reason why your semen was in Marcia Trimble’s underwear,’ if they’re going to rely on the DNA evidence and absence is their explanation, that’s going to be their case,” Todd said.

The evidence might be strong enough for a rape conviction, but will it be enough to get him for the slaying?

“Does the semen prove the murder? Who’s to say the accused didn’t have somebody else with him that actually killed Marcia Trimble?” Todd said.

Todd said he believes that the prosecution is re-interviewing as many witnesses as they can find from 1975.

Officials also said that they are in no hurry.


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