Why another DNA sample was needed
On Aug. 26, 2010, as officers investigated the death of Alicia DeBolt that occurred on Aug. 21 or 22, a search warrant was executed for samples of Adam Longoria’s blood, head hair, public hair, oral swabs for DNA, nail scraping and latent prints. Longoria was not in custody at the time, and was allowed to leave after the samples were seized.
He was arrested on Aug. 27 for the alleged theft and burglary of a 2002 Ford Explorer from Venture Corporation. On Sept. 7, an amended complaint was filed charging him with capital murder, criminal sodomy, vehicle burglary and theft. On Sept. 10 he was transferred to the Sedgwick County Detention Center in Wichita, placing him closer to his attorneys.
Kansas law states that any adult arrested or charged on or after July 1, 2008, with the commission of any felony shall submit a DNA sample when fingerprinted pursuant to the booking procedure.
DNA collected from the search warrant has been used for forensic testing and is maintained by the Kansas Bureau of Investigation Biology Unit for use in the case. A separate sample is needed for the KBI database that is compatible with the Federal Bureau of Investigation’s combined DNA index system (CODIS).
As of March 18, Adam Longoria’s DNA sample had not been collected pursuant to the cited statute, and his DNA profile was not in the KBI databank.
Source: "Motion to compel defendant to provide DNA sample," faxed to Barton County District Court on March 18 by Assistant Attorney General Andrew D. Bauch.
Attorneys for Adam Longoria agreed Tuesday to the collection of his DNA sample for the KBI databank. Longoria is charged with capital murder and criminal sodomy in connection with last year’s killing of 14-year-old Alicia DeBolt. He appeared in Barton County District Court for about 15 minutes Tuesday, as attorneys discussed pre-trial motions with District Judge Hannelore Kitts.
Assistant Attorney General Andrew Bauch, who entered his appearance in the case last week, filed a motion to compel Longoria to provide the sample, which is separate from samples being used as evidence. The motion filed last Friday states when Longoria was transferred to the Sedgwick County Detention Center in September, he refused to submit a DNA sample during the booking process there.
"He didn’t refuse," defense attorney Jeff Wicks said Tuesday, adding the proper procedure for such a request would be to first secure a court order. "He followed the court’s order and the advice of his attorney."
Kitts ordered Longoria to submit a DNA swab on Tuesday, while he was back in custody of the Barton County Sheriff. "Since he’s ours, let’s do it here," she said. Longoria was to return to the Sedgwick County Detention Facility Tuesday afternoon.
Judge Kitts dealt primarily with procedural orders, such as making sure reports from the Kansas Bureau of Investigation labs are copied and delivered to Longoria’s attorneys from the Kansas Death Penalty Defense Unit of Wichita in a timely manner. Assistant Attorney General Victor Braden and Bauch were given 60 days to deliver requested information. Wicks said the defense will want to find its own expert witnesses based on details of the prosecution’s evidence and how it was obtained.
"Until we get it, we can’t take our next step," Wicks said.
As a routine matter, Kitts also denied a defense motion challenging the constitutionality of the Kansas death penalty. "There are cases now before the Supreme Court that will address these issues again," she said. The state filed a response to the motion, but defense attorneys have acknowledged the Kansas Supreme Court has upheld the death penalty and their motion was filed to preserve the issue for future appeals.
Finally, Kitts reminded attorneys of a gag order she issued last September, which prohibits those working on the case from releasing information associated with the case. "I just wanted to remind everyone that this is in effect," Kitts said, explaining the order was filed to ensure the defendant receives a fair trial.
The next pre-trial hearing was scheduled for 9 a.m. on July 21.
