That's right. The only evidence, the so-called DNA police claimed linked Mark to the sexual assault cases he is to go to trial in early July, has been completely destroyed by the state. Although the state is obligated to preserve a DNA crime scene swab the defense now will never have the opportunity to perform independent testing. Judge tells prosecutors to reveal DNA evidence Wednesday, May 9, 2007
Goudeau's lawyer asks for case's dismissal due to lack of DNA Saturday, May 12, 2007
Judge tells prosecutors to reveal DNA evidence
Last Edited: Thursday, 10 May 2 07, 11:03 AM MST
Created: Wednesday, 09 May 2007, 5:24 PM MST
By CHRIS KAHN Associated Press Writer
PHOENIX (AP) -- A judge has ordered prosecutors to hand over DNA samples that they say ties serial killer suspect Mark Goudeau to a pair of sexual assaults in 2005.
Maricopa County Superior Court Judge Andrew Klein made the order Wednesday at the request of defense attorneys who want to test the samples independently.
Goudeau, 42, was arrested last year in connection with the alleged sexual assaults. The September 2005 attacks on two sisters were part of the so-called Baseline Killer case, a months-long investigation into late night attacks in the Phoenix area.
Prosecutors later charged Goudeau with other Baseline Killer crimes. In all, Goudeau is accused of 94 crimes, including nine counts of first-degree murder, 15 counts of sexual assault and eleven counts of kidnapping.
County Attorney Andrew Thomas has said he will seek the death penalty if Goudeau is convicted.
For months, defense lawyer Corwin Townsend questioned the validity of the DNA link that led to Goudeau's arrest. On Tuesday, he asked Klein to force prosecutors to give him what remained of the biological samples.
"They've got 24 hours," Townsend said. "We're waiting to see what they still have."
The county attorney's office wouldn't comment about the case.
Townsend said Phoenix police and the Department of Public Safety both analyzed biological evidence from the sexual assaults. He said while the DPS analysis identified Goudeau as a possible match, the Phoenix police analysis did not.
Townsend said he'd like to check if the DPS analysis conflicted with Phoenix police analysis. However, he's learned that some of the original samples may already have been "totally consumed" by the police analysis.
If that's the case, then Townsend said he'll be forced to rely on a copy of the police report
Goudeau's lawyer asks for case's dismissal due to lack of DNA
Michael Kiefer
The Arizona Republic
May. 12, 2007 12:00 AM
An attorney for Mark Goudeau, the man police believe to be the Baseline Killer, filed a motion late Friday to dismiss a rape case against Goudeau because prosecutors cannot produce a sample of the DNA they claim ties him to the attack.
Corwin Townsend argued that because the prosecution's DNA samples no longer existed, he could not have his own expert corroborate the state's findings and there was insufficient evidence to go forward.
On Wednesday, Maricopa County Superior Court Judge Andrew Klein ordered the Maricopa County Attorney's Office to turn over the DNA samples; he was told that the samples had been completely consumed during the state's testing.
Goudeau, 42 , is charged with 20 counts stemming from a September 2005 sexual attack on two sisters in south Phoenix. Police investigators took swabs of saliva from one sister's breast. One of the swabs revealed nothing; the other had DNA profiles of both sisters and led investigators to Goudeau.
Townsend also pointed out that the DNA profile tied to his client does not prove that Goudeau is the rapist; rather it proves that he can not be excluded as a suspect. Then Townsend floated the notion that the DNA could belong to a Goudeau relative.
"That's a possibility," he said Wednesday. When asked which relative, he answered, "It's not my job to solve this crime for them."
But since the incriminating swab no longer exists except in a police lab report, Townsend felt that the prosecution no longer has evidence. The sisters did not identify Goudeau from a photo lineup.
The County Attorney's Office declined comment. No hearing has been scheduled on the motion.
Alleged baseline killer a case of mistaken identity? Mark Goudeau's attorney says DNA will prove it
Rich Dubek
12 News
May. 9, 2007 02:55 PM
Phoenix police say they built their case against Mark Goudeau using ballistics and DNA. But Corwin Townsend, Mark Goudeau's attorney says that same DNA will set his client free. On Wednesday, prosecutors and Townsend went back and forth in court. Townsend says the state still hasn't given him a sample of DNA evidence collected from one of two victims of a September 2005 sexual assault. Townsend calls that evidence a key part of his defense. The state says Townsend has yet to provide a complete list of potential witnesses who would take the stand and has failed to provide other documents he plans on introducing as evidence.
Townsend is representing Goudeau on one case-the alleged attack of two sisters in south Phoenix. Phoenix police initially arrested Goudeau for that case alone. But Townsend says that first case is key to establishing the rest of the states claim that Goudeau is the Baseline Killer. Goudeau's attorney says a saliva swab obtained from one of the two victims will not only prove his client did not attack the two women, but it's possible it could show that someone else within Goudeau's family may be responsible for the crime. Townsend tells 12 News his defense will be built on a case of mistaken identity. "I've said from the beginning, police have the wrong man. They still have the wrong man" says Townsend.
A judge has ordered both the defense and prosecutors to cooperate and submit all witnesses and evidence to opposing counsel by the end of the week. Goudeau's trial is scheduled to begin on June 25th.
