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Harlowe to DA's Office: Examine your evidence

Attorney files brief to compel prosecutors to try matching DNA sample.

The following motion was filed in Dane County Court Monday, August 10, by attorney Hal Harlowe, representing a woman named Patty who alleges that she was raped, then coerced by police into recanting. Patty has been charged with obstructing an officer for making a false rape report.

STATE OF WISCONSIN
CIRCUIT COURT
DANE COUNTY
STATE OF WISCONSIN,
Plaintiff,
V.
PATRICIA [WITHHELD],
Defendant.

Case No. 98 CM 529

NOTICE OF INTENT TO INTRODUCE EVIDENCE OF DNA PROFILE AND MOTION TO REQUIRE COMPARISON OF RECOVERED EVIDENCE WITH DNA DATA BANK

TO: The Honorable Mark Farnum
Reserve Judge
City-County Building
210 Martin Luther King, Jr., Blvd.
Madison, WI 53709-0001

Jill Karofsky
Deputy District Attorney
City-County Building
210 Martin Luther King, Jr., Blvd.
Madison, WI 53709-0001

Diane Nicks
District Attorney
City-County Building
210 Martin Luther King, Jr., Blvd.
Madison, WI 53709-0001

Brian Brophy
Assistant District Attorney
City-County Building
210 Martin Luther King, Jr., Blvd.
Madison, WI 53709-0001

The defendant, by her attorneys Hal Harlowe arid Associates, S.C., pursuant to ß 972.11(5), Wis. Stat., provides notice that at trial the defense will introduce evidence of DNA profiles developed by the Wisconsin State Crime Laboratory. The profiles were obtained from semen stains on bed sheets recovered by the Madison Police Department on September 4, 1997, from the scene of the sexual assault reported by the defendant.

The evidence to be introduce includes DNA profiles of semen stains recovered from the bed sheets which indicates that the source of the semen is an unknown male.

MOTION TO REQUIRE COMPARISON OF RECOVERED EVIDENCE WITH DNA DATA BANK

Pursuant to ß 165.77(2), Wis. Stat., and ß 971.23(1)(m), Wis. Stat., the defendant, by her attorneys Hal Harlowe and Associates, S.C., moves the court for an entry of an order requiring the State Crime Laboratory to compare DNA profiles and other biological data derived from semen stains on bed sheets seized from the scene of the rape reported by the defendant with the laboratory's DNA data bank to attempt to determine the identity of the source of the recovered DNA.

In support of this motion, the defendant asserts:

1. On September 4, 1997, the defendant reported that she was sexually assaulted by an unknown suspect.

2. On September 4, 1997, the Madison Police Department seized bed sheets and other items from the scene of the reported assault.

3. The defendant was subsequently charged with obstructing a police officer based upon the accusation that she had fabricated the reported assault.

4. Following the issuance of charges against the defendant, the bed sheets and other items were provided to the State Crime Laboratory for analysis.

5. On July 29, 1998 the Crime Laboratory reported it had identified a semen stain on the sheets and had obtained a DNA profile from the semen deposit. The laboratory reported that it was unable to match the DNA profile of specimens from the reported crime scene with that of any known person.

6. In accordance with ß 165.77, Wis. Stat., the State Crime Laboratory maintains a data bank of DNA profiles from known sexual offenders.

7. On information and belief, the DNA from the scene of the reported sexual assault has not been compared to profiles in the State Crime Laboratory's data bank.

8 Matching the DNA found at the scene of the reported assault with DNA in the data bank would further exculpate the defendant by establishing not only that she had been raped, but also the identity of her assailant.

Dated this 10th day of August, 1998.

HAL HARLOWE AND ASSOCIATES, S.C.
Attorneys for Defendant

By [signed]
Hal Harlowe
State Bar No. 01013213

ADDRESS:
519 N. Pinckney Street
Madison, WI 53703
(608) 257-7007

[End of document.]

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