15 44 specifically the state claimed that petitioner

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44. Specifically, the State claimed that Petitioner raped and murdered the victim in a jealous rage because she was romantically interested in Freddy Claxton and not Petitioner. (Tr. at 26-27, 610-18, 906-07.) This alleged motive was based exclusively on the “Dear Freddie” note found at the crime scene and Petitioner’s statement to police that he had found the victim attractive. There was no other evidence that Petitioner fostered romantic feelings for the victim, or had ever expressed jealousy of her relationship with Claxton or any other boy. (Tr. at 610-18.) 45. Significantly, the State was not able to identify the actual source of the spermatozoa found in the victim. Upon information and belief, Freddie Claxton—whom the State argued was “probably” the source of that sperm—was never ordered to give a DNA sample for comparison purposes. (Tr. at 1492-93.) 46. In addition, the State’s experts excluded Petitioner as the source of the numerous hairs and fibers found on the victim and on evidence in the surrounding area. On April 16, 1990, hair analyst Dr. Peter DeForest received numerous slides containing hairs and fibers for trace and transfer evidence analysis. (Tr. at 359-61.) On September 7, 1990, he was also provided with hair exemplars from Petitioner, including head and pubic hairs. (Tr. at 361.) He identified the hair removed from the victim’s right foot as a fragment of “Negroid origin,” and the hair found on the victim’s right breast as a “Caucasoid” head hair, for which he could not exclude the victim as the source. (Tr. at 375-77, 388, 393.) DeForest also examined the hair retrieved from the pubic combing, which he identified as a non-pubic, growing “Mongoloid” hair. (Tr. at 376-77.) A shed, medium-brown, non- growing Caucasian pubic hair was also compared with both the victim and the Petitioner, and Petitioner was excluded as its source. (Tr. at 379-81, 391-92, 394.) DeForest asked 16
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for, but was not provided with, a sample of hair from Dr. Roh, the medical examiner who performed the autopsy and who was of Korean lineage. (Tr. at 337, 385.) 47. Petitioner’s fingerprints were not found when the victim’s cassette tape, cassette player, “Dear Freddie” note, and the bottles, twigs, and Gatorade bottle top found at the scene were forensically examined. (Tr. at 267, 276-79, 282, 292, 294, 283-85, 592-93, 596, 768, 771, 895, 1137.) 48. At trial, the Court permitted the detectives to testify regarding the statements they reported that Petitioner had made in Brewster on January 25, 1990, but excluded the actual results of the polygraph examination. (Tr. at 922, 946, 1182.) 49. On December 7, 1990, after a jury trial in this Court, Petitioner was found guilty of felony murder, rape in the first degree, criminal possession of a weapon in the fourth degree, and depraved indifference murder. On January 18, 1991, he was sentenced to fifteen (15) years to life for murder, eight and one-third (8 1 / 3 ) to twenty-five (25) years to life for rape and one (1) year for possession of a weapon, to run concurrently.
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