PORTLAND (AP) – New tests show male DNA from murder victim Sarah Cherry’s fingernails did not come from any of the men who handled evidence in the case in addition to the man convicted more than a decade ago of the 12-year-old’s death.
The lawyer for Dennis Dechaine, who was sentenced to life in prison for the girl’s murder, plans to use the latest findings to bolster her case for a new trial under a state law that allows new trials based on DNA evidence that was not available at the time of a conviction.
The laboratory tests show that DNA from someone other than convicted killer Dennis Dechaine was found under Sara Cherry’s thumbnails. And the latest tests show that the DNA did not come from the medical examiner or others who handled the evidence.
The hearing on Dechaine’s bid for a new trial was originally expected to take place this spring, but has been pushed back to after Sept. 1.
To win a new trial, Dechaine has to meet a demanding three-part test: he must prove that the DNA evidence that excludes him could only have come from Cherry’s killer, that the evidence was properly handled and that it outweighs all the other evidence that led to his conviction.
According to Dechaine’s lawyer, Michaela Murphy, the new DNA results answer the first two tests. But to get a new trial, Dechaine will have to overcome formidable evidence that was presented at his trial.
Dechaine was convicted of the July 1988 murder in Bowdoin after police discovered his truck near where Cherry’s body was found mutilated and sexually assaulted.
Receipts bearing Dechaine’s name were found in the driveway of the home where Cherry had been baby-sitting before she was abducted. The girl was bound with rope, pieces of which police say matched rope from Dechaine’s truck.
Dechaine and his legion of supporters charge that the physical evidence was planted by an alternate suspect, and police either misunderstood or distorted his statements.
In response to criticism, Attorney General Steven Rowe has named a panel to review the case to see if there is evidence of misconduct by police and prosecutors. The panel has heard testimony but has not issued a report.
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