Terrence Shannon Jr.’s attorneys file motion to exclude state’s DNA testing in criminal case

WCIA — A motion has been filed by Terrence Shannon Jr.’s attorneys to exclude the testimony and reports of Kansas Bureau of Investigation DNA findings by Jennifer Hewitt in his criminal rape case, per a public court document obtained by WCIA 3.

Shannon Jr.’s legal team filed the motion on Wednesday in Douglas County (KS) District Court, ahead of next Friday’s scheduled preliminary hearing. After hiring their own forensic scientist, Stephanie Beine to conduct testing, his legal team is making multiple claims around the scientific validity of DNA results and the presence of “male DNA” evidence on the complainant. It all stems from a felony rape charge in December, following an alleged September incident in a Lawrence bar.

“Ms. Stephanie Beine is a senior forensic scientist and a renowned expert in her field.  Our legal team filed this Motion based on her review of the raw data and her scientific conclusions relative to the DNA evidence in this case,” Shannon Jr.’s attorney, Mark P. Sutter, said in a comment to WCIA 3.

DG-2023-CR-300181-Terrance-Shannons-Motion-for-Daubert-Hearing-and-to-Exclude-Expert-TestimonyDownload

Citing the Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and Kansas case law K.S.A. 60-401 (b), Shannon Jr.’s lawyers are requesting a Daubert hearing prior to trial, refuting the findings of KBI DNA testing. They’re asking the court to be the “gatekeeper” to assess the reasoning and methodology underlying a proposed expert’s opinion. It includes a determination whether the opinion is scientifically valid and applicable to a particular set of facts. It also requires the Court to “ensure the reliability and relevancy of expert testimony.”

According to the motion, “The State provided Mr. Shannon with a KBI report indicating that “male DNA” was located on swabs from the accusor’s (M.N.’s) underwear. The defense anticipates that the State will seek to admit this report to corroborate M.N’s claim that that Mr. Shannon digitally penetrated her vagina as she stood near him in the bar (essentially, suggesting that because M.N. claims Mr. Shannon, a male, touched her vagina, the fact that there is “male DNA” on her underwear lends credibility to her claim). However, other confirmed- scientific evidence belies any such suggestion by the State. The claim that “male DNA” was located on the underwear swabs is not scientifically valid and should be excluded.”

A SANE (Sexual Assault Nurse Examiner) examination was done on the complaining witness’ body and clothing the day after the alleged incident. Police later collected a mouth swab on Shannon Jr. for DNA comparison. According to the KBI report, cited in the motion, no male DNA was found on the vagina or external genital. The motion claims no further testing was done on underwear, “due to an insufficient amount of male DNA.”

From the motion:

1. The KBI did not (or was unable to) scientifically confirm the presence of “male DNA.”

2. Further, the KBI report did not indicate whether the “male DNA” is the same on the two underwear swabs or whether it could be from more than one male.

3. Even assuming what was found was, in fact, “male DNA” there is no evidence that it is a match to Terrence Shannon.

WCIA 3 reached out to the Douglas County District Attorney’s Office for their response to the motion.

“Our office does not comment on any case beyond the courtroom and case filings while the case remains pending,” Douglas County District Attorney’s Office Public Information Officer said.

The preliminary hearing is scheduled for Friday, May 10 at 9 a.m.

For the latest news, weather, sports, and streaming video, head to WCIA.com.