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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND THE UNITED STATES OF AMERICA v. EARL WHITTLEY DAVIS * * * * * * *

Criminal Case No. RWT 07-0199

MEMORANDUM OPINION Defendant Earl Whittley Davis has been indicted for federal crimes relating to the robbery and murder of Jason Schwinder on August 4, 2004, and the Government has given notice of its intent to seek the death penalty. Trial is now set to begin on March 31, 2009. The Defendant has filed a Motion to Exclude DNA Test Results and Request for Daubert Hearing [Paper No. 42], which seeks to preclude the Government from introducing at trial certain items and opinions relating to DNA evidence. Although Defendant raises a myriad of objections, two issues predominate the pleadings on this issue. The first is whether the DNA evidence in this case should be excluded under a Daubert analysis because low copy number (LCN) testing allegedly was utilized, and this type of testing is a new methodology ("the latest fad") that is not sufficiently reliable. The second is whether the disagreement in the scientific community as to the best method of explaining the statistical significance of a "cold hit" DNA database match should preclude the introduction of the DNA evidence flowing from a cold hit.

PROCEDURAL HISTORY Defendant was arrested in October 2004 and was initially prosecuted in the Circuit Court for Prince George's County. On the eve of the state trial set for April 2007, the state charges were dismissed by the State's Attorney for Prince George's County and the federal prosecution

commenced with the filing of a criminal complaint. On April 30, 2007, a federal grand jury returned a six-count indictment alleging a Hobbs Act robbery, carjacking, and related firearms violations. The death-eligible offense is murder by use of a firearm in furtherance of a Hobbs Act robbery in violation of 18 U.S.C.

Download USA v. Earl Whittley Davis-Memorandum Opinion.pdf

Maryland Law