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AUDIO Hartman Requests More DNA Testing
3/12/2009 10:53:49 AM | Chris Keppler

Attorneys for the Akron man slated for execution April 7th say DNA testing could prove his innocence.

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Innocence is something Brett Hartman, 34, has maintained all along. His first Attorney Michael Benza doesn't know if DNA testing will prove anything, but thinks it needs to be determined before his client is led to Ohio's death chamber.

At issue are two items: a hair and a condom. Benza says both items were sent to the Bureau of Criminal Identification and Investigation but they were never tested.

"If it comes back as him, it pushes back the execution date a period of time but we still get to the point of executing him," said Benza. "If that's the right outcome, then that's the right outcome."

LISTEN to Michael Benza explain

Hartman is hoping that either or both of the items will link someone other than him to the scene of the brutal attack. Winda Snipes, 46, was stabbed 138 times and her hands were removed. The hands were never found.

Summit County Prosecutor Sherri Bevan Walsh told the Ohio Parole Board last month that it's typical for items entered into evidence to remain untested. She says BCI tends to conduct testing on the evidence that carries the best chance of garnering reliable DNA results, so it's not unreasonable that they tested seminal fluid and not a hair.

A spokeswoman for the prosecutor says she received a letter Wednesday that formally asks that the office turn over the items for testing at the expense of the Federal Public Defender's office. Walsh had not yet acted on the request.

Benza says he'll ask a federal court to compel the prosecutor's cooperation if she doesn't do it on her own.

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posted at 3/12/2009 12:51:00 PM (6385)
missfit said:

No wonder this man is fighting for his life! Theres other evidence that was not tested?? omg-

Summit County Prosecutor Sherri Bevan Walsh told the Ohio Parole Board last month that it's typical for items entered into evidence to remain untested. She says BCI tends to conduct testing on the evidence that carries the best chance of garnering reliable DNA results, so it's not unreasonable that they tested seminal fluid and not a hair.

WHAT?!! its typical for evidence to go untested? So they only test the so called evidence that best fits in the favour of prosecution is more like it-

posted at 3/12/2009 1:09:09 PM (6390)
Bart said:

Thats why Clarence Elkins spent years behind bars for raping his neice and killing his mother-in-law. Turned out another nut bag did the rape and killing. He was in the cell next to Elkins and admitted the crime. Elkins picks up a cigarette butt ships it to his ex wife and wola.
If Hartman dies and a cigarette butt appears they can't bring him back.HELLO. Another man made a threat to stab Winda Snipes.-HELLO.

posted at 3/12/2009 2:11:40 PM (6398)
TRIPLEBOGIE said:

I have to admit that I haven't followed this case very closely, but you would think with a death penalty that everything would be tested. Too many innocents have already (and almost) been executed, let's make sure it doesn't happen again.

And look at this, Bart, Missfit and I all agree on something! Handshakes and smiles all around!

posted at 3/12/2009 2:19:18 PM (6399)
Bart said:

Thank you and it's nice you mention it. I don't want to continue this pattern. We are all fellow commentors. Besides TRIPLEBOGIE you will have a wonderful place in heaven. (Blessed are the peace makers)!!!

posted at 3/12/2009 3:35:59 PM (6403)
akronite51 said:

Wow! This 'flag comment' button is a great idea!

posted at 3/13/2009 10:21:22 AM (6432)
missfit said:

I have read that many of the cases in the summit county prosecutors office of Bevin walsh have been sent forth, regardless of substantial proof, seems she likes to put the horse before the cart alot when dealing with cases. her office has come under scrutiny for that and people have filed suits. I think her objective is toss them in jail and let the dice roll where it goes. all in a days work to her..its only peoples lives-

posted at 3/13/2009 2:38:22 PM (6442)
latenoclady said:

I certainly hope that these attorneys will ask for "ALL" items of discovery!
From what I have read, Brett also voluntarily submitted to a lie detector test.
But when the police were asked about the results, their reply was that the machine wasn't working.
Couldn't this test also be among discovery items?

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