DNA evidence presented in murder trial

Summary

Idaho State Lab forensic scientists took the stand Monday in the first degree murder trial of Gary Mallory, II. The defense is scheduled to begin calling witnesses on Tuesday.

Story Published: Mar 15, 2010 at 9:03 PM PST

Story Updated: Mar 15, 2010 at 9:03 PM PST

LEWISTON - DNA evidence was introduced Monday n the murder trial of Gary Mallory II, as state lab forensic specialists took the stand.

"The types of questions that a forensic scientist is looking to answer is can the item link the victim to the assailant, can the item link the assailant to the victim or can the item link one or both to the scene," said forensic scientist Rylene Nowlin.

Monday morning, before 2nd District Judge Carl Kerrick, the prosecution called two forensic specialists to the stand. They told the court about DNA evidence that was taken from both Charlene Mabie and her husband Gary Mallory Jr., who is on trial for Mabie's 2009 Valentines Day death. Mallory is charged with first degree murder and felony assault.

Nowlin explained how those in her profession look at DNA samples.

"Our DNA between individuals, we're over 99.9% the same," said Nowlin. "That's why we all look basically the same. We all have the same basic form, our bodies are structured the same and all our bodies function in approximately the same manner. It's the less than one percent that's different in each individual that makes us each unique."

Nowlin said based on that formula, she determined Mallory was the only person to have sex with Mabie in the hours before her death.

During his cross examination, defense attorney Neil Cox asked questions about details contained in the scientific reports.

The prosecution rested Monday afternoon. Cox said he will begin calling witnesses Tuesday morning.

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