Solis-Gonzalez, Luis

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~ "-· RECEIVED IN • .;, ~ .WR-82,831-01 COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 3/11/2015 4:50:31 PM March 12,2015 Accepted 3/12/2015 9:04:46 AM ' ABELACOSTA NO. WR-82,831-01 CLERK ABELACOSTA,CLERK IN THE COURT OF CRIMINAL APPEALS FILED IN OF TEXAS COURT OF CRIMINAL APPEALS JUL 29 2G15 IN RE LUIS SOLIS-GONZALEZ Abel Acostc;t. Clerk THE STATE'S (REAL PARTY IN INTEREST) RESPONSE TO RELATOR'S PETITION FOR WRIT OF MANDAMUS TRIAL COURT CAUSE NUMBER 20120D04103 IN THE 243rd DISTRICT COURT OF EL PASO COUNTY, TEXAS JAIME ESPARZA · DISTRICT ATTORNFfKis document contains some 34th JUDICIAL DIS~~l' ti:at are of poor quality at the time of imaging. LILY STROUD ASST. DISTRICT ATTORNEY . DISTRICT ATTORNEY'S OFFICE 201 EL PASO COUNTY COURTHOUSE 500 E. SAN ANTONIO EL PASO, TEXAS 79901 (915) 546-2059 ext. 3769 FAX (915) 533-5520 EMAIL lstroud@epcounty.com SBN 24046929 ATTORNEYS FOR.THE STATE The State requests oral argument. IEJLJECftONIIC UCC(Q)Im • • IDENTITY OF PARTIES AND COUNSEL Relator - Luis So lis-Gonzalez, represented in this mandamus proceeding and underlying criminal case by Joe A. Spencer, Jr., 1009 Montana Avenue, El Paso, Texas 79902, and Joshua C. Spencer, 1009.Montana Avenue, El Paso, Texas 79902. Respondent- Honorable Luis Aguilar, Judge, 243rct District Court of El Paso County, Texas, 500 E. San Antonio Ave., 91h Floor, El Paso, Texas 79901. Real Party in Interest- The State of Texas, District Attorney, 341h Judicial District, represented in this mandamus proceeding by District Attorney Jaime Esparza and Assistant District Attorney Lily Stroud, 201 El Paso County Courthouse, 500 E. San Antonio, El Paso, Texas 79901, and represented in the underlying criminal case by District Attorney Jaime Esparza and Assistant District Attorneys Denise ButterWorth and James Montoya, 201 El Paso County Courthouse, 500 E. San Antonio, El Paso, Texas 79901. 11 • • TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL 11 INDEX OF AUTHORITIES V-Vl STATEMENT OF THE CASE Vll-IX STATEMENT OF FACTS 1-14 STATE'S RESPONSE TO RELATOR'S PETITION FOR WRIT OF MANDAMUS: Article 38.43 only mandates the testing of biological evidence as defmed by subsection (a), and the trial court is afforded discretion as the "gatekeeper" in determining whether the State has rebutted the presumption that any biological material the defendant requests to be tested constitutes biological evidence required to be tested. In this case, the trial court's initial order granting the State's request for DNA testing did not constitute a determination that the evidence the State sought, on its own initiative, to be tested was biological evidence required to be tested under subsection (i). Additionally, the record is devoid of any specific request by So lis-Gonzalez for DNA testing of certain untested biological materiaL But even assuming, arguendo, that Solis-Gonmlez made any such a request, the State sufficiently rebutted any presumption that tlltere existed untested biological material that constituted biological evidence required to be tested. Consequently, the trial court did not abuse its discretion, or violate a ministerial duty, in determining that, in the absence of biological evidence required to be tested, it would not further delay Solis-Gonmlez's triaL 15 ARGUMENT AND AUTHORITIES 15-49 PRAYER 50 SIGNATURES 50-51 CERTIFICATE OF COMPLIANCE 50 lll • • CERTIFICATE OF SERVICE 51 APPENDICES A-L ATTACHED TO END OF RESPONSE IV • • INDEX OF AUTHORITIES · STATE CASES Bell v. State, 90 S.W.3d 301 (Tex.Crim.App. 2002) ..................... 44, 47 Bennett v. Paxson, 932 S.W.2d 81 (Tex.App.-E1 Paso 1996, or.ig. proceeding) .................................................. 16 Board ofPardons and Paroles ex rei. Keene v. Court ofAppeals for the Eighth District, 910 S.W.2d 481 (Tex.Crim.App. 1995, orig. proceeding) .................................................. 16 Chase v. State, 448 S.W.3d 6 (Tex.Crim.App. 2014).. . . . . . . . . . . . . . . . . . . 17-18 Getts v. State, 155 S.W.3d 153 (Tex.Crim.App. 2005) ................... 17-18 Pitts v. State, 916 S.W.2d 507 (Tex.Crim.App. 1996) ...................... 46 Prible v. State, 245 S.W.3d 466 (Tex.Crim.App.), cert. denied, 555 U.S. 833, 129 S.Ct. 54, 172 L.Ed.2d 55 (2008) ...................... 43, 47 Rivera v. State, 89 S.W.3d 55 (Tex.Crim.App. 2002) ....................... 44 State ex rei. Healy v. McMeans, 884 S.W.2d 772 (Tex.Crim.App. 1994, orig. proceeding) .................................................. 16 Texas Farmers Ins. Co. v. Cooper, 916 S.W.2d 698 (Tex.App.-El Paso 1996, orig. proceeding) ............................................. 16 Thieleman v. State, 187 S.W.3d 455 (Tex.Crim.App. 2005) .................. 46 Whitaker v. State, 160 S.W.3d 5 (Tex.Crim.App.), cert. denied, 543 U.S. 864, 125 S.Ct. 194, 160 L.Ed.2d 106 (2004) ............... : .... 43, 47 v • • STATE STATUTES TEX. CRIM. PROC. CODE art. 38.43(a) ................................ 19, 43 TEX. CRIM. PROC. CODE art. 38.43(i) ................................ 18, 37 TEX. CRIM. PROC. CODE art. 38.43(j). . . . . . . . . . . . . . . . . . . . . 20-22, 24-25, 35, 38 TEX. CRIM. PROC. CODE art. 38.43(1) ................................... 31 TEX. CRIM. PROC. CODE art. 38.43(m) ............................ 20, 25~26 SESSION LAWS Act of 2013, 83rd Leg., R.S., ch. 1349, § 3, 2013 Tex.Gen.Laws. 3587 .......... 18 LEGISLATIVE MATERIALS ENROLLED BILL SUMMARY, Tex. S.B. 1292, 83rd Leg., R.S. (2013) ............. 27 ' ' HOUSE RESEARCH ORGANIZATION, BILL ANALYSIS, Tex. S.B. 1292, 83rd Leg., R.S. (May 20, 2013) ............................. 27-29, 35, 37, 43 SENATE COMMITTEE REPORT, Texas Senate Committee on . Criminal Justice, Tex. S.B. 1292, 83rd Leg., R.S. (April11, 2013) .......... 24-26 Tex. S.B. 1292 (introduced version) ...... ' ............................. 24 · Tex. S.B. 1292 (enrolled version). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-26, 28 VI • • STATEMENT OF THE CASE Luis So lis-Gonzalez, relator, was charged by indictment with capital murder on August 28, 2012. See (tab A of relator's petition). On October 17, 2012, the State filed notice of its intent to seek the death penalty. See (State's Appendix A). The State subsequently filed, on or about April22, 2014, a ''Motion for DNA Testing by the Texas Department of Public Safety, Crime Laboratory pursuant to T.C.C.P., article 38.40," which the trial court granted. See (tabs B-C of relator's petition). On May 13, 2014, the trial court entered a written order setting September 1, 2014, as a deadline for the completion of that DNA testing. See (tab D of relator's petition). On June 5, 2014, the DPS lab advised the trial court by letter that it would be unable to complete the DNA testing by the court-ordered deadline and requested an extension of time until June 1, 2015, to complete the testing. See (tab E or relator's petition). On June 25, 2014, the trial court advised the parties of its intent to have a pretrial hearing to determine the applicability of article 38.43, to address whether the Legislature considered the delays the recent amendments to article 38.43 would cause the DPS lab, and to consider how those amendments would affect the \ " ... Speedy Trial rights of the accused and the State[.]" See (tab F of relator's petition). The trial court held this pretrial article 38.43 hearing on October 2, Vll • • 2014, during which it heard evidence and argument. See generally (State's Appendix B- reporter's record of the October 2, 2014, hearing). In a letter to the defense on October 6, 2014, the trial court requested that the defense identify any necessary piece of evidence it believed the State failed to submit for testing and to provide the justification for such testing. See (State's Appendix C). The record is devoid of the defense's response to this request. On January 9, 2015, the tria·l court entered a written order opining that article 38.43 "... did not mandate that every single piece of evidence seized by law enforcement in a [death-penalty case] must be forensically analyzed" and that the - evidence presented by the State at the ·october 2, 2014, hearing, showing the DNA results of evidence that had already been tested, demonstrated " ... substantial compliance with the intent of the statute." See (tab G of relator's petition). Explaining that So lis-Gonzalez had been instructed to identify any necessary piece of evidence the State failed to submit for analysis and the justification for such testing and that So lis-Gonzalez's response did not warrant further delay of his trial, the trial court ordered that Solis-Gonzalez's.trial setting remain on the court's docket for May 8, 2015. Vlll · • • Alleging that the trial court violated a ministerial duty by refusing to delay ' his trial setting until after the DPS lab completed its DNA testing of all the evidence submitted by the State, So lis-Gonzalez now seeks mandamus relief from this Court. IX • • STATEMENT OF FACTS The indictment in this case alleged that So lis-Gonzalez committed capital murder by intentionally and knowingly causing the deathsofMarysol Saldivar, Eric DeSantiago, and C.H during the same criminal transaction. See (tab A of relator's petition). Specifically, the indictment alleged that Soli~-Gonzalez caused \ Saldivar's death by striking her about the head with an unknown object, that he caused DeSantiago's death by striking him about the head with an unknown object and by stabbing him about the body with a knife, and that he caused C.H 's death by strangling her with a ligature. See (tab A of relator's petition). In its initial motion for DNA testing, the State requested that the trial court order the DPS lab to " ... test all items of evidence submitted by the El Paso Police Department containing biological evidence for DNA comparison, pursuant to T.C.C.P. Article 38.43." See-(tab B of relator's petition). In granting the State's / motion, the trial court ordered the DPS lab to "... test all items submitted by the El Paso Police Department containing biological evidence for DNA comparison." See (tab C of relator's petition). The State's motion and the trial court's order do not indicate that the State and the defense conferred, and agreed, about what evidence contained biological material or that the trial court determined that any .1 / • • evidence the State submitted for testing constituted biological evidence required to be tested under article 38.43. In the trial court's May 13, 2014, order setting a deadline for the completion of ti?-at DNA testing, the trial court, first noting that it had previously granted the State's motion for DNA testing, further ordered that"... all DNA testing in reference to [this case] be completed by September 1, 2014." See (tab D of relator's petition). On June 5, 2014, the DPS lab advised the trial court, by letter, that it would be unable to meet the September 1, 2014, deadline, explaining that it lacked the resources to process the ''high volume" of evidence it received from the State by the court-ordered deadline. See (tab E of relator's petition). The DPS lab requested an extension of time until June 1, 2015, to complete that DNA testing. See id. On June 25, 2014, the trial court advised the parties of its intent to have a pretrial hearing to determine how article 38.43 would be applied in Solis~ Gonzalez's case, to address whether the Legislature took into consideration the delays the recent amendments to article 38.43 would cause the DPS lab, and to consider how those amendments would affect the " ... Speedy Trial rights of the accused and the State[.]" See (tab F of relator's petition). The trial court further 2 • • advised the parties that it intended to also address the issue of whether " ... the State of Texas is required to submit to a laboratory for forensic analysis, every piece of biological evidence they seized at the crime scene." See id. At this pretrial article 38.43 hearing, which was held on October 2, 2014, the prosecutor, during her opening comments, explained that the State had submitted every piece of physical evidence that contained biological material to the DPS lab for DNA testing, but opined that if the State and the defense could not agree on what biological material was actually required to be tested, article 38.43 provided that the trial court hold a hearing to resolve that disagreement. See (State's Appendix Bat 3-5). Defense counsel agreed with the prosecutor's assertion that the defense was " ... asking that all evidence that contained biological material be tested or screened for DNA" and that the parties could not agree on what was required to be tested. (State's Appendix Bat 4-5). Before discussing the results of DNA testing that had been performed up to that point, the prosecutor provided, without objection, a brief recitation of the facts underlying Solis-Gonzalez's capital-murder prosecution. See generally (State's Appendix B at 8-11 ). According to the prosecutor, officers with the El Paso ' Police Department were dispatched to a residence on Bengal Street on May 31, 2012, where they found three-dead victims: (1) Eric DeSantiago, who was found in 3 • • the kitchen with his face wrapped in duct tape and with bums on his chest, numerous stab wounds, and blunt-force injuries to his head, (2) Marysol Saldivar, who was found in the living room with blunt-force injuries to her head and stab wounds, and (3) thirteen-year-old C.H, who was found in her upstairs bedroom with a slight ligature mark on her neck and who was later determined to have died from ligature strangulation. (State's Appendix Bat 9-10). The prosecutor related that after So lis-Gonzalez murdered his three victims, he went to Mexico, taking Saldivar's truck and his biological four-year-old son, L.S .. , who had been present during the murders, and that Solis-Gonzalez dropped L.S. off with his (Solis-Gonzalez's) parents before leaving. (State'sAppendix B at 10-11). The prosecutor further related that Solis-Gonzalez had told his parents that he had committed the murders and that Solis-Gonzalez's father then, cooperating with law enforcep}ent, returned L.S. to the United States and told the police that So lis-Gonzalez had confessed to committing the murders. (State's Appendix Bat 10). So lis-Gonzalez was ultimately apprehended at the United States-Mexico border, where he turned himself in. (State's Appendix Bat 10). According to the prosecutor, So lis-Gonzalez provided a statement to the police in which he admitted to breaking into the victims' house earlier in the day and to later 4 • • murdering DeSantiago and Saldivar. (State's Appendix Bat 10-11). The prosecutor related that So lis-Gonzalez admitted to tying C.H up in L.S. 's room, but denied killing her. (State's Appendix Bat 11). In summarizing the major categories of evidence collected, the prosecutor explained that evidence had been collected from the Bengal Street home where the murders occurred, that L.S. 's clothes had been collected when he was returned to the United States, that evidence was collected from Saldivar's truck, that Solis- Gonzalez's clothes were collected when he turned himself in, and that evidence was collected during the autopsies of the three victims. (State's Appendix B at 11- 12). The prosecutor further advised the trial court that Nicholas Ronquillo, the DNA section supervisor and technical leader for the E1 Paso DPS lab, had represented to both her and defense counsel that the DPS lap was about halfway through the DNA testing requested by the State. (State's Appendix Bat 23). The prosecutor then set out some of the DNA results the State had received to date and provided photographs, the crime-scene video, and DPS lab reports, as well as a spreadsheet setting out the DNA results, to the trial court for review. (State's Appendix Bat 5-8,12-14, 49-51); (State's Appendices D-L). Specifically, the prosecutor presented, in relevant part, the following specific DNA results, 5 • • which are set out below by EPPD evidentiary number, the description of the item from which swabs were taken, and the DNA results: JE-02: Blood on handle of kitchen knife on kitchen counter at crime scene = mix of DNA from Solis-Gonzalez and DeSantiago. Blood on blade of kitchen knife on kitchen counter = mix of DNA from DeSantiago and low level of data on other component of mixture (State's Appendix B -at 14); (State's Appendices E-G). JE-69: Blood on blade of knife ill upstairs restroom = mix of DNA from Solis-Gonzalez and DeSantiago. Blood on handle of knife in upstairs restroom= mix of DNA from So lis-Gonzalez and DeSantiago (State's Appendix Bat 14); (State's Appendices E-G), JE-04: Blood on handle of broken knife on kitchen floor = mix of DNA from So lis-Gonzalez and DeSantiago (State's Appendix Bat 15); (State's Appendices E-G). JE-38: Blood on blade of broken knife on kitchen floor= DNA from DeSantiago (State's Appendix Bat 15); (State's Appendices E-G). JE-72: Blood on pair of girl's blue jeans found in C.H. 's bedroom= DNA from Solis-Gonzal~z (State's Appendix Bat 15); (State's Appendices -E-G) . . 5208670: Stain on So lis-Gonzalez's right tennis shoe collected when he was arrested= mix of DNA from DeSantiago and Saldivar (State's Appendix Bat 15-16); (State's Appendices E-G). MM01: Stain on Micky Mouse baseball cap collected from L.S. =DNA from Saldivar (State's Appendix Bat 16); (State's Appendices E-G). JE113: Bloody tissue found inside Saldivar's truck in which Solis-GonzaJez fled= DNA from DeSantiago (State's Appendix Bat 16); (State's Appendices E-G). 6 • • BM01: Stain on So lis-Gonzalez's jeans collected when he was arrested = mix of DNA from Solis-Gonzalez and DeSantiago (State's Appendix Bat 16); (State's Appendices E-G). JE17: Blood on piece of toilet paper found on Saldivar's crotch area= mix of DNA with Solis-Gonzalez as a contributor. (State's Appendix Bat 16-17); (State's Appendices E-F, H). JE24: Blood on piece of duct tape from upstairs bath tub = mix of DNA from Solis-Gonzalez and DeSantiago (State's Appendix Bat 17-18); (State's Appendices E-F, H) .. JE20: First stain on piece of duct tape found in hamper = mix of DNA from So lis-Gonzalez and DeSantiago. Second stain on piece of duct tape found in hamper= mix of DNA from So lis-Gonzalez, C.H, DeSantiago, Saldivar, and L.S. (State's Appendix Bat 18); (State's Appendices E-F, H). JE30: Stain on piece of duct tape found in L.S. 's room= mix of DNA from Solis-Gonzalez and DeSantiago (State's Appendix Bat 18); (State's Appendices E-F, H). JE28: Stain on piece of duct tape found in bag of toys in L.S. 's room= mix of DNA from Solis-Gonzalez, DeSantiago, Saldivar, C.H, and CS. (State's Appendix Bat 18); (State's Appendices E-F, H). JE34: Stain on "makeshift fmger cast" next to vacuum outside of upstairs restroom= mix of DNA from So lis-Gonzalez and DeSantiago. (State's Appendix Bat 18-19); (State's Appendices E-F, H). 1 JE66: Stain from ''fmger splint" found in C.H 's bedroom next to her bed= DNA from Solis-Gonzalez (State's Appendix Bat 19); (State's Appendices E-F, H). 1 The prosecutor explained that these "makeshift finger casts" appeared to have been an . effort by So lis-Gonzalez to bandage the cuts he sustained on his fingers while stabbing the victims. (State's Appendix Bat 16-17). 7 • • JE70: · Stain from tennis shoe with missing shoelace found in L.S. 's room= DNA from DeSantiago (State's Appendix Bat 19); (State's Appendices E-F, H). 2 JE22: Stain on white shirt from upstairs restroom floor = DNA from. DeSantiago. Stain on collar of white shirt from upstairs restroom floor =mix of DNA with So lis-Gonzalez as a contributor (State's Appendix Bat 19-21); (State's Appendices E-F, H). JE99: Stain from duct tape from DeSantiago's head= DNA from DeSantiago. Stain from rag removed from DeSantiago's head= DNA from DeSantiago. (State's Appendix Bat 21); (State's Appendices E- F, H). JE78: Blood from right-hand fmgemail clippings from C.H. = mix of DNA from Solis-Gonzalez and C.H (State's Appendix Bat 22); (State's Appendices E-F, H). 5208670: Stain on Solis-Gonzalez's left tennis shoe collected when he was arrested= DNA from DeSantiago (State's Appendix Bat 22); (State's Appendice~ E-F, H). · BM03: Stain from Solis-Gonzalez's black shirt collected when arrested= DNA from Saldivar (State's Appendix Bat 22); (State's Appendices E-F, H). The remajning evidence listed on the State's spreadsheet and mentioned at the hearing, and for which the State presented the results of any DNA analysis, did not serve to esta~lish another individual as the perpetrator, nor did that evidence serve to exclude So lis-Gonzalez as the perpetrator. See generally (State's 2 The prosecutor explained that Solis-Gonzalez confessed to tying C.H. up with shoelaces and that a bloody shoelace was found in the same drawer with one of the bloody knives. (State's AppendixB at 15). 8 • • Appendix Bat 15-16, 21); (State's Appendices E-H). The State also presented lab reports indicating the items from which the analysts were unable to detect the presence of biological material. See generally (State's Appendices E-L). After the State's proffer of the foregoing evidence, the prosecutor explained· to the trial court that, in an attempt to comply with the recent amendments to article 38.43, which mandated the DNA testing of biological evidence in a death- penalty case and because there had been no initial agreement between the State and the defense on what items to test, she had submitted a total of 206 items of evidence to the DPS lab for analysis. (State's Appendix Bat 23). The State then argued that article 38.43 did not mandate the testing of every single piece of evidence that contained biological material, that the State's submission of 206 items of evidence had overburdened the DPS lab and delayed the trial, and that because all of the significant items of evidence had already been tested and all of the DNA results thus far pointed to So lis-Gonzalez as the perpetrator who murdered the three victims, the trial court could make the determination as to whether there were any remaining untested items that were required to be tested. (State's Appendix Bat 23-27, 40, 42-45). When the trial court asked the prosecutor how she determined what items of evidence to submit for testing, she explained that because she had believed the 9 • • new amendments to article 38.43 required the testing of all items that could possibly contain biological material, she had submitted all the evidence that could conceivably contain biological material, regardless of whether that biological material was readily apparent. (State's Appendix Bat 27-28). The State then presented the testimony of Nicholas Ronquillo, the DNA section supervisor and technical leader for the' El Paso DPS lab, who testified regarding some of the challenges the lab faced in attempting to comply with requests for DNA testing pursuant to the recent amendments to article 38.43. (State's Appendix Bat 29-30). Specifically, Ronquillo explained that with its two qualified DNA analysts, the DPS lab lacked sufficient personnel to process large requests in a reasonable amount of time, that DNA analysis was very expensive, and that the DPS lab did not perform touch-DNA testing because there was typically not enough biological material to analyze with their equipment. (State's Appendix B at 31-33). Ronql,lillo agreed with the prosecutor that she had requested that the DPS lab " ... take a swab from almost every piece of evidence in this case ... ," which the prosecutor explained was to ensure that every piece of evidence that could '· conceivably yield biological evidence was submitted for testing. (State's Appendix B at 33). Ronquillo explained that the DPS lab was using its logic, 10 • reasoning, training, and skills to make a determination as to whether it needed to collect swabs for touch-DNA. (State's Appendix Bat 33). When·asked by the trial court how long it would take for the DPS lab to process all 206 items of evidence submitted by the State, Ronquillo testified that he projected that the lab would be able to complete the analysis by June of 2015. (State's Appendix Bat 33-34). During arguments, defense counsel argued that because the State only . sought DNA testing to strengthen its own case and because a defendant in a death- penalty case was " ... entitled to have a complete defense ... ," the defendant had " ... an absolute right to have all the evidence tested," regardless of any delay in the proceedings and the costs incurred by the State for such testing. (State's Appendix Bat 36-40). Defense counsel further argued that although "[t]here [was] a reference for identification ... ," the DNA testing required by article 38.43 was not limited to only issues related to the identity of the perpetrator and even extended to assist the defendant in fmding mitigating evidence. (State's Appendix Bat 38-39). Defense counsel offered to tell the trial court in "... an ex parte fashion the defensive reasons of why we believe all the evidence is important because the State of Texas is not entitled to know that..." and argued that " ... unless all the 11 • • evidence is tested ... ," Solis.:Gonzalez would be deprived of exculpatory and mitigating evidence. (State's Appendix Bat 38-39). Defense counsel requested that the trial court delay So lis-Gonzalez's trial until after DPS completed its DNA. testing of the State's evidence. (State's Appendix B at 39). When the trial court raised the concern of So lis-Gonzalez' speedy-trial rights in light of his lengthy pretrial incarceration, defense counsel asserted that So lis-Gonzalez waived any speedy-trial claim. (State's Appendix Bat 46-47). In tum, the prosecutor argued that although the defendant's rights were important, the State also had the right not to have its cases delayed by unnecessary DNA testing. (State's Appendix Bat 47-48). At the conclusion of the hearing, defense counsel advised the trial court that after he reviewed the evidence tendered by the State, he would then " ... add a supplement of what I believe is relevant and give [the prosecutor] an opportunity to what I'm giving this Court... " because he did not " ... believe that what [the prosecutor] is going to tender to the Court is going to be what I believe should be all inclusive encompassing of what we believe why we're asking all the DNA evidence to be tested." (State's Appendix Bat 51). 3 In a letter to the defense on 3 In his mandamus petition, Solis-Gonzalez claims that "[d]uring the pretrial hearing, Relator produced photographs for Respondent to review in camera of 158 items collected by the E1 Paso PoliceDepartment as biological material and requested all biologica~ evidence be tested 12. • • Oct ~ Jacige, 243rd Judi District Court cc: Ms. Denise Butterworth. vla1ilcslmite 915/533·5520 LAIIs • ----~~~~--------------- IN THE 243rd DISTRICT COURT OF EL PASO COUNTY, TEXAS THE STATE OF TEXAS § § vs. § § LUIS SOLIS GONZALEZ § Imina of Documents for Clarification of Record of Article 38.43 Hearing on Oct 2. 2014 TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW THE STATE OF TEXAS, in the above-entitled and numbered cause, and files the tonowing paperwork that was referred to by the State of Texas, and relied upon by the trial court, in the hearing that took place on October 2, 2014 regarding Article 38.43: chart with DNA results for items tested, 4 hand delivery slips, lab reports dated: 05-09-13, 08-12-13, 04-29-14, 06-13-14,06-17-14,07-17-14,0~19-14, and crime scene video. R~S~D,~ DENISE BUTTERWORTH ASSISTANT DISTRICT ATTORNEY STATE BAR NO. 24012368 500 E. SAN ANTONIO, SUITE .201 EL PASO, TEXAS 79901 (915) 546-2059 CERTIFICATE OF SERVICE This is to certify thata true and correct copy of the foregoing motion was delivered "to attorney for the Defendant, Mr. Joe , on 27th day of February, 2015. DENISE BUTTERWORTH ASSISTANT DISTRICT ATTORN Oc{. 2.. 1 t, c.l'f ~J'O>._,~w • :, ::~~ . ~- • ~ .... . 't .. ~ )Q)1 JE22 1 Collar ott-shirt- upstairs restroom floor 1·aesaRtiago- ~ 1 Jf-2. -t~tlf ,.·* C?· 2 .• • • ... DATE: July 1, 2013 T. I FROM: 500 E. San Antonio Suite 201 EIPaso, Texas 79901 TO: Mr. Joe Spencer SUBJECT: Luis Solis Gonzalez, 20120004103 ITEM: 1 disk containing voluntary statement of Defendant DPS report dated 05..09-13 1. t. RECEIVED BY: \ Sb.e.\ \ N)QCX),X)= .. DATE: · 3'/ l::t I r~ TIME: \fl. : S \ .. '· ----------- • -· - ---- ~l f:=f0\\frfJ@J .... , .. . •··· fP)~J~).l\~~fP.~9 .... -~ --~.... .... ~f.hJifP; .............. . . ....... ,. ·-· ~ . ~--·· DATE: March 7, 2014 FROM: P.~l.1t.!f~· etrt;t~/ii~!Q1!1I~t Assistant District Attorney DISTRICT ATTORNEY'S OFFICE 500 E. San Antonio Suite 201 El Paso, Texas 79901 TO: Mr. Joe Spencer SUBJECT: Luis Solis Gonzalez, 20120D04103 ITEM: Df>S report dated 08-12-13 .... RECEIVED BY~~~ I>ATE: ZJ/to /d TIME: 1:oa PfY) . • ---- DATE: July l!J, 2014 FROM: Assistant District Attorney DISTRICT ATTORNEY'S OFFICE 500 E. San Antonio Suite 201 EIPaso, Texas 79901 TO: Mr. Joe Spencer SUBJECT: Luis Solis Gonzalez, 20120D04103 ITEM: DPS lab report dated 04-29-14 DPS lab report dated 06-13-14 DPS lab report dated 06-17-14 RECEIVED BY: DATE: TIME: --:4:..;...:l;..;;;;l)_·- - - N 0 ~ -. ...,, .z:- C- c:: r- ~--~ '"'n _ ...;;;;JO -~'-i ·--------~·~----~·· -------------· _, l I DATE: September 26, 2014 FROM: Assistant District Attorney DISTRICT ATTORNEY'S OFFICE 500 E. San Antonio Suite 201 EIPaso, Texas 79901 i TO: Mr. Joe Spencer SUBJEcr: Luis Solis Gonzalez, 20120D04103 ITEM: DPS lab repOrt dated 07-17-14 DPS lab report dated 09-19-14 ·~------~·~------- -----------------·-- . ~"t\\tt:-· -· .. ':!~.:-~ ~~l-K •. j.~.-· ... ~~~t~;·i ;~.1 .u,",. . ,, TEXAS DEPARTMENT OF PUBLIC SAFETY •• . ..- CRIJE LA80RA10RV • tft12 Sc:olr Slmplaa ...... ).·~-~ II El Puo, TX 79931 -I lrTI!\I&MC.IICQA\'11 Vlllct 911-841-4120 I'IX 915-848-4113 Ell'eloCrtl!lll..aiOipUeui.QOV toiNSIIIOII •\)~. tliR&CTOR A.eY-L!C»>.CI-WII ..•., ~YIDG.­ C>IIJitYI.ModiiiiOI! CARIN 1!.\RCY 8ARTK "g,.IIRCMW llU\ItY CIIRIICTORII- ~ e. pOI.UHIIC't Forensic Biology Laboratory Report AANDYW.TIION :1~~-! ·,, Issue Oats: May 09, 2013 F.~t-.~ :~~- Laboratory# ELP-1211-01637 :.:~""' ,,. Jorge Estrada El Paso Police Department Agency 11 12152050 .. ;-::"'!..f:" County El Paso .. 911 N Raynor !~;_,;!_~~· . El Paso, TX 79903 Offense Data 05131/2012 t~:--~ :~S:~:~ Suspect(e) SOLis-GONZAI.EZ, Luis (DOB 04118m) \~~if.:- Vlctrm(s) SALDIVAR, Marysol (COB OSJOenB) :~ . . . ~(DOS­ DESANTIAGO, Eric (DOB 12129169) ~:t~! Ellmlnatfon(s) ~~LII~ooa- Reauested Anatvsl!; Screen fof Biological Evidence. .. .. :•. -~-, ~, Submi§Sfon Information; J 01 -Properly Sealed large Brown Box on November 12, 2012 by Estrada, Jorge VIA In Person -; ..... Evidence cescrlpt!on. Results ofAoatvsla and lntemratatlon; ,:•.~~~- ;_: ~ 01 : Property Sealed Large Brown Box . -~~~--- 01-01-AA; Kitchen knife with black handle from kitchen counter (agency exhibit JE02) ····:'?" ,. Apparent blood was detected. -~ill ··.- .).~' 01.02-AA: Small kitchen knife frOm upstairs restroom (ageney exhlbltJE69) i {t}1;~ Apparent blood was detected. I .;.J_ :.• 01..03-AA : Black knife handle from kitchen floor (agency eXhibit JE04) I --~~7>~:-, :~; .Apparent blood waa detected. \~ 01-o4-AA : KnJfe blade from kitchen sink (agency exhibit JE38} Apparent blood was detected. ·~i 01·06-AA: Pleeea oftolfet paper from Marysol Saldivar's crotch area (agency exhibit JE17) Apparent blood was detected. 01-oe.AA : Duct tape from upstairs bath tub (agency exhibit JE24) Apparent blood was delected. Trace evidence was collected. The collected trace eVidence has been packaged with the evidence. No further analysis was conducted at this time. 01-07-AA: Three pieces ofduc:t tapa from Inside and under hamper (agency exhibltJE20) Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 01.08-AA : Duct tape cardboard roll from . . .. . room (agency exhibit JE30) Apparent blood was detected. Trace evidence was conected. The collected trace evidence has been . packaged with the evidence. No further analysis was conducted at this time. 01-09-AA : Duct tape from kids bag With toys from . . . - S room (agency exhibit JE23) ApParent blood was detected. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was eonducted at this time. 01-1 0-AA : Finger cast made of duct tape found next to vacuum outside of upstairs restroom (agency exhibit JE34) ACCREDITfD BY rtf£ AMERICAN soctl!TY OF CR/111! LABORATmlY DJR2CTORS • LAB ACCREDITATION BOARO . >)ltllJ'ICM.GS.U · · !IDillllllliiiUIIIBUa!RIIII couRrelY · ~VICE· PROTECTION :. ;..,_:, ... "'~ .. t • • -.;.,. i-~ ... ' laboratory Case Number Agency Case Number ·. Offense Date ... ~. ELP-1211-01637 12152050 0513112012 '/.:· ... .;:, .. Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been . ~~~til packaged with the evidence. No further a~alysl5 was conducted at this time. 01-11-AA : Finger splint from room next to bed (agency exhibit JE61) Apparent blood was detected. Trace material was obSei'Ved on this item. To preserve the integrity of the trace evidence, no further analysis· was conducted at this time. 01-12-AA : Blue jeans from room (agency exhibit JE72t ........Apparent blood was. detected..Trace evidence waa collected. The collected trace eviclenee has been · .. :· - packaged with the evidence. No further analysis was con _:.r Apparant blood was detected. Trace evidence was collecled. The collected trace evidence has been packaged with the evidence. No fUrther analysis was conducted at this time. 01·1 S·AA : White t-shlrt from upstairs restroom floor (agency exhibit JE22l Apparent blood was detected. Swabs were taken from lhe collar area to possibly detennine wearer. .:··.... : -~l . TI8Ce evidence was collected. The collected trace evidence has been packaged with the evidence. No ; . further analysis was conducted at this time. .·,.: 01·15-AB: Pair of whit& socks from upstairS restroom floor (ageney exhibit JE22) . "• Apparont blood was detected. Trace evidence was collected. The collected trace evidence has been packaged wl1h the evidence. No further analysis was conducted at this tlme. •o:.'· 01-18-AA: Swabbings from milk gallon In Lis- room (agency exhibit JEA3) ....:. .. .·,· .· ~:,·.·· Apparent blood was detected. 01·17-AA-o1 :Duct tape from Desantiago's head (agency exhibit JE99) Apparent blood was detected. Trace material was observed on thl8 Item. To preserve the integrity of 1he trace evidence, no further analysis was conducted at this llme. 01·17-AB-01 : Rag removed from Desantiago's head (agency exhibit JE99} Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been packaged with the evldence. No further analysis was conducted at this time. 01·18·AA: Right hand fingernail clippings from Desantiago (agency exhlbltJE94) Apparent blood was detected. 01-19-AA: Left hand flngemall clippings from DeNntiago (agency exhibit JE9&) Apparent blood was detected. 01·20-AA : Right hand fingernail clippings from tll. . . . . .(agency exhibit JE78) Apparent blood was detected. 01·21-AA : Left hand fingernail clippings from . . (agency exhibit JE79) Blood was not detect&cl. .•.,. 01·22-AA.01 : Right Nlke shoe from Luis Soils-Gonzalez (agency exhibit 52C8870) Apparent blood was detected. Trace evidence was collectecl. The collected trace evidence has been packaged with the evidence. No further analysls was conducted at lhis time. 01·22-AB-01 : Left Nlke shoe from luis Soils-Gonzalez (agency exhibit 6208670) Apparent blood was detected. Trace EWidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted. at this time. 01-23-AA : Stack t-ahlrt from luis Soils-Gonzalez {agency exhibit BM03) Apparent blood was detected. Trace evidence was coHected. The collected trace evidence has been packaged with the evldenee. No further analysis was conducted at thls time. '-~~~.... 01-24-AA : Mickey Mouse baseball cap from . . . - (agency exhlblt MM01) Apparent blood was detected. Trace e11idence was collected. The collected trace evidence has. packaged with the evidence. No further analysis was conducted at this tlme. 01·25-AA-01 : Right hand flngemalf clippings from Maryaol Saldivar (agency exhibit JE57) . ··: ~...... 1'141'81M OS." . tssue Date: May as. 201a --------------------------------- - - • Laboratory Case Number Agency Case Number Offense Date El.P-1211-01637 12152050 0513112012 Apparent blood was detected. 01-25-AS.01 : Left hand fingernail clippings from Marysol Saldivar (agency exhibit JE67} Apparent blood was detec:ted. ., . 01-26-AA: Pair of car seat straps from Nlnan Titan truck (agency axhlbftJE108A) . '.:: Blood was not aetected. Trace evidence was collected. The collected trace evidence has been packaged with the 811ldence. No further analysis was conducted at this time. ' 01-27-AA : Tissue paper from Inside of Nissan Titan truck (agency exhibit JE113) Apparent blood was detected. 01-28-AA: Blue Jeans from Luis Soils-Gonzalez (agency exhibit BM01) : · Apparent blood was detected. Trace evidence was collected. The coUected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 01-29-AA : Known blood card from . . (agency exhibit JE82) I Item was collected to be used as a reference. I 01-30-AA : Known blood card from Marysol Saldivar (agency exhibit JE68) Item was collected to be used as a reference. 01-31-AA : Known blood card from Erfc Desantiago (agency exhibit JE98) Item was eonected to be used as a reference. · 01-32-AA : Left buccal swabs from I • r I ~ (agency exhibit MM-A) Item was collected to be used as a reference. 01-33 : Sealed envelope containing right buccalswebs Lis,. (agency exhibit MM-S) No analysis was performed. 01-34-AA : Buccal swabs from Luis Solie-Gonzalez (agency exhibit 5210932) Item was collected to be used as a reference. '~ :. i ..' ~ lnvestlgatNe Lyds: This is a preliminary report. A separate report will be Issued upon completion of DNA analysis on selected items. Disposition; I Portions of items 01-01-M, 01..(]2-M; 01-03-AA, 01-04-AA, 01-05-AA, 01-CJ6-AA, 01-07-AA. 01.03-AA, 01-09-AA. 01-10.AA, 01-11~ 01-12-AA, 01-13--AA, 01-14·AA. 01·1~AA. 01-15..,A.B, 01-16-AA. 01-17-AA-01, 01-17-AB-01, 01·18-AA, 01-19-AA, 01·2Q-AA, 01-22-AA-01, 01-22-AB-01, 01-23-AA, 01-24-AA, 01-25-AA-()1, 01-25-AB-01, 01-27-AA, 01-28-M, 01-29-AA, 01-3Q-AA, 01-31-AA, 01-32-M, and 01-34-AA were retained to preserve biological constituents. We are unable to retain the remainging bulk Enlidence in cur vault. Please make arrangements to pick it up at your earlle&t convenience. This report has been electronically prepared and approved by: Nicolas Ronquillo Forensic Scientist Ill Texas DPS El Paso Crime Laboratory ..... ._ i·.· 1 ii.oPsll4118.13 'Issue Date: May 09,2013 ----------~·~--------~·~ ... '. ·, TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME LABOI!:ATORY . • 11GU !k:ot\ Simpson ... . El Paso, TX 199J8 Voice 915-a.CD-41ZO Pdx 1115·8-4$-411~ ElPasoCrtmet..ob@dpt.t••as.gov srevv. c:. Me ellA"' COMMI$$10N .DJ~ECTOR A. t.VHTHIA LEON, CH41R ilAVl'>G.eA•E• CARIN M4RCY B.I'R'JH Ct-ER~ t.IW:OR06. ~0-'BROWN nePtlfY OIRfCTORA .4&.1Afol POLlJHSK'Y DNA Laboratory Report AAHOVWAl'SOfol Issue Date: August 12, 20?3 Jorge Estrada Laboratory# ELP-1211.01637 El Paso Police Department 911 N Raynor Agency# 12152050 El Paso, TX 79903 County El Paso Offense Date 05/3112012 Suspect(s): SOLIS-GONZALEZ, Luis (Do'B 04/18/77) Vlctlm(s): SALDIVAR, Marysol (008 05/0617a) W (DOBI l DESANTIAGO. Eric (DOB 12129f69) Elimlnatlon(s): • ~001~·· Submission Information: 01 ·Properly Sealed Lasye Brown Box on November 12. 2012 by Estrada, Jorge VIA In Person Requested Anatvstg: Perform forensic DNA analysis. Please refer to a previous Forensic Biology report Issued on May 9, 2013. Evidence Deserlp\lon. Results of Analysis and Interpretation: Portions of the items were extracted by a method which yields DNA. The DNA isolated was analyzed using STR (Short Tandem Repeat) PCR (Polymerase Chain Reaction) analysis. The following loci were examined: 0851179, D21S1 1, 075820, CSF1 PO. 0381358, TH01, 0135317, D16SS39, 0251338, 0195433. vWA, TPOX, 018551, Amelogenln, DSS818, and FGA. 01-01·AA·D1·AA : DNA extract or swab from handle of kitchen knife on kitchen counter (agency exhibit JE02) The DNA profile Is consistent with a mixture. Mr. Desantiago and Mr. Solis-Gonzalel! cannot be excluded as contributors to the profile. The probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 in 9.488 million for Caucasians, 1 in 28.79 million for Blacks, and 1 in 4.191 million for Hispanics. The approximate world population is 7.0 billion. Marysol Saldivar, • -~.and Ms. 4 are excluded as contributors to this profile. 01..01-AA-02-AA : DNA extract ofswab from blade of kitchen knlfo from kitchen counter (agency exhibit JE02) The DNA profile is consistent with a mixture. Mr. Desantiago cannot be excluded as the contribut of the major component in this profile. The probability of selecting an unrelated person at rando who could be the source of the major eomponenl in this proflte is approximately 1 in 2.574 quint for Caucasians, 1 in 263.6 quil\tilllon fur Blacks. and 1 In 2.729 quintillion for Hispanics. To a reasonable degree of scienUfic cerlainty, Mr. Desantiago is the source of the m<:~jor component TlOPaat ~:. 11 ACCREDI1IiD BY THE AMERICAN SOCIETY OF CRIMe I.ABORATORV I)IRfCTORS • U\8 ACCREOITA TION SOARD lllmiDII Unlalll1111111i!lllllftil m1111111 Ill IIIII COUR'!ESY · S£RV1C'E • P!!OT!;CTION -- --------- -. • Laboratory Case Number Agency Case Number Offense Date ELP-1211·01637 12152050 0513112012 this proflle {excluding Identical twins). Due to the low level of data, no DNA comparisons will be made to the minor component Mary sol Sald'IVar. Luis Angel Saldivar, Mr. Solis-Gonzalez, and Ms. ~ are excluded as contributors to the major component of this profile. 01-02·AA·01·AA: DNA extract of swab of blade from smalfkltchen knife In upstairs restroom (agency exhibit JE691 The DNA profile Is consistent with a mixture. Mr. Desantiago cannot be e.)(cJUded as a contributor to the profile all the SIR loel. The probabifity of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 In 16.69 million for Caucasians, 1 In 40.49 million for Blacks. _and 1 tn 6.369 m!Oion for Hispanics. Mr. Solis-Gonzalez cannot be excluded as a contributor to the profile at the 5TR loci 0851179, 021511, 075820, CSF1PO, 0351358, TH01, 0135317, 0165539, 019$433, vWA, TPOX, 018551·, 055818, and FGA. At these loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is for Hispanics. The approximate world population Is 7.0 billion. Marysol Saldivar. • and Ms. ~are excluded as contributors to this proflte. · "'1•1:.1•• approximately 1 in 3.744 million for Caucasians, 1 in 4.634 million for Blacks, and 1 in 2.335 million 01..02-AA.02-AA : DNA extract of swab of hand!& from small kitchen knife in upstairs restroom (agency exhibit JE69) The partial DNA profile is consistent With a mixture. Mr. Desantiago cannot be excluded as a contributor to the profile at the ST~ loci 0651179, 0351358, and 0195433. At these loci, the probability of selecting an unrelated person at random who could be a contributor lo this profile is approximately 1 In 21 for Caucasians. 1 in 26 for Blacks, and 1 in 12 for Hispanics. Mr. Soils-Gonzalez cannot be excluded as a contributor to the profile at the STR loci 08$1179, population is 7.0 b!llion. Maryse! Saldivar, contributors to this profile. 1··· 021511, 0351358, D195433, and 055818. At these loci, the probability ofsefecting an unrelated person at random who could be a contribut01 to this profile Is approximately 1 ln 11,810 for Caucasians. 1 in 13,090 for Blacks, and 1 In 11.960 for Hispanics. The approximate world nd Ms. ~ are excluded Qs 01-03-AA-01-AA: DNA extact of swab of handle from black knife on kitchen floor {agency exhibit . JE04} The DNA profile is consistent with a mixture. Mr. Desantiago cannot be excluded as a contributor to the profile at all the STR loci. The probabiUty of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 in 208 million for Caucasians, 1 In 655.7 million for Blacks, and 1 in 87.26 million for Hispanics. Mr. Solis·Gonzafez cannot be excluded as a contributorto the profile atthe STR loci 0851179, 021511, 07S820, 0351358, TH01, 0135317, 0165539, D19S433, vWA, TPOX, D55818, and FGA. At these loci, the probability of selecting an . unrelated person at random who could be a contributor to this profile is approximately 1 in 376,800 tor Caucasians, 1 in 311,200 for Slacks, and 1 in 175,300 for Hispanics. The approximate world population is 7.0 billion. Marysol Saldivar,.-~ and Ms.,. are excluded as contributors to this profile. 01-04·AA-01·AA: DNA extract of swab cf blade from knife In kitchen sink (ageney exhibit JE3B) The DNA profile is consistent with the DNA profile of Mr. Desantiago. Mr. Desantiago cannot be excluded as the contributor of the profile. The probability of selecting an unrelated person at random who could be the source of this DNA profile is approximately 1 !n 2.574 quintillion for Caucasians, 1 in 263.6 quintiiJion for Blacks, and 1 In 2. 729 quin!illlon for Hispanics. To a reasonable degree of scientific certainty, Mr. Desantiago Is the source of this profile {excluding identical twins). 01·12-M.IJ2·AA : DNA extract of staln from blue jeans in ell•••• JE72) ToUPS 01.2:1.11 Issue Date: August 12,2013 --------------~·~--~------- ... -· .. laboratory Case Number · Agency Case Number Offense Date ELP-121 1-01637 12152050 05/31/2012 Caucasians, 1 in 2.15 sextillion for Blacks, and 1 in 295.4 quintillion for Hfspanics. To a reasonable degree of scientific certainty, Mr. Solis-Gonzalez Is the source of this profile (exduding identical twins}. 01-14-AA-OZ·AA: DNA extract cfstaln from shoe lace from upstairs restroom (agency exhibit JE68) The DNA profile is consistent with a mixture. Due to the potential number of contributors. no __ interpretations will be made for the DNA profile. Of -22-AA-01-AB-AA : DNA extract of staln from rlgtJt Nike shoe from Luis Solis-Gonzalez (agency exhibit 5208670) The DNA profile is consistent with a mixture Mr. Desantiago and Maryse/ Saldivar cannot be excluded as contributors to the profile. The probability of selecting an unrelated person at random who C(lU/d be a contributor to this profile is approximately 1 in 523 million for Caucasians. 1 in 2.582 billion tor Slacks, and 1 in 91.58 million for Hispanics. The approximate wortd population is 7.0 billion. • - ~ Ms.~. and Mr. So/is-Gonzalez <1re excluded as contributors to this profile. 01-23·AA.03·AA: DNA extract of stain from black t-shirt from Luis Soils-Gonzalez (agency exhibit BM03} --. The DNA profile is consistent with the DNA profile of Mr. Soils-Gonzalez. Mr. Solis·Gonzalez cannot be excluded as the contributor of the profile. The probabill1y of selecting an unrelated person at random who could be the source of this DNA profile is approximately 1 In 1.577 sextillion for Caucasians, 1 in 2.15 sextillion for Blacks, and 1 in 296.4 quintillion for Hispanics. To a reasonable degree of scientific certainly, Mr. Solis·Gonzalez is the source of this profile (excluding identical !Wins). · 01-24-AA-02-AA : DNA extract of stain from Mickey Mouse baseball cap (agency exhibit MMO 11 The DNA profile is consistent with the DNA profile of Mary sol Saldivar. Mary sol Saldivar cannot be excluded as the contributor of the profile. The probabinty of selecting an unrelated person at random who could be the source of this DNA profile Is approximalely 1 in 17.77 sextillion for Caucasians, 1 in 1.324 septillion for Blacks, and 1 in 3.394 sextillion for Hispanics. To a reasonable degree of scientific certainty, Marysol Saldivar is the source of this profile (excluding identical twins). 01-27-AA-01-AA: DNA extract of stain from tissue paper from Inside of Nlssan Titan (agency exhibit JE113) . The DNA profile is consistent with lhe DNA profile of Mr. Desantiago. Mr. Desantiago cannot be e)(cluded as the contributor of the profile. The probability of selecting an unrelated person at random who could be the source of this DNA profile Is approximately 1 in 2.574 quintillion lor Caucasians, 1 in 263.6 quintillion for Blacks, and 1 in 2.729 quintillion far Hispanics. To a reasonable degree of scientific certainty, Mr. Desantiago is the source of this pro tile (exdudlng Identical twins). 01-26-AA-02-AA :DNA extract of stain from front of blue Jeans rrom Luis Solis-Gonzalez (agency exhibit BM01) The DNA profile is consistent with a mixture. Mr. Desantiago cannot be excluded as the contribulor of the major component In this profile. The probability of selecting an unrelated person at random who could be the source of the major component in this profile is approximately 1 in 2.574 quintillion tor Caucasians. 1 in 263.6 quintillion for Slacks, and 1 in 2.729 quintillion for Hispanics. To a reasonable degree of scientifiC certainty, Mr. Desantiago is the source of the major component of this profile (excluding identical twins). Mr_ Soils-Gonzalez :::annot be excluded as a contributor to the profile at the lod D8S1179, D21S11, D3S1358. TH01, 0135317, 0165539, D19S433, vWA, ~~~~...._ and 055818. At these Jed, the probabilily of selecting an unrelated person at random who cou a contributor to this profile is approximately 1 in 2,838 for Caucasians, 1 in 6,131 for Blacks, in 2,865 for Hispanics. The approximate world population is 7.0 billion. Marysol Saldivar. ~. and Ms. t-a are eJ(duded as contributors to this profile_ ToOPS DT ZS 13 issue Date: August 12, 2013 --------1·~------.·- ... ·• Laboratory Case Number Agency Case Number Offense Date ELP-1211-01637 12152050 05/31/2012 01-29-AA-01 : DNA extract of known blood from Cll• • • ~(agency oxhibit JEB2) The DNA profile was used for comparison. 01-30-AA-01 : DNA extract of known blood card from Marysol Saldivar (agency exhibit JESS) The DNA profile was used for comparison. 01-31-AA-01 : DNA extract of known blood from Eric Desantiago (agency exhibit JE98) The DNA profile was used for comparison. 01-32-AA-01 : ONA extract of left buccal swab from , . ~~(agency exhibit MM·A) Ttle DNA profile was used for comparison. 01-34-AA-01 : DNA extract of buccal swab from Luis Soils-Gonzalez (agency exhibit 5210932) The DNA profile was used for comparison. Investigative leads: A DNA profile obtained from blue jeans in ~··· ~oom (01·12-AA) has been entered into the COmbined DNA Index System (COOlS). The presence of probative DNA evidence may not require that the previously submitted I preserved trace evidence be examined. For more information abOut Trace evidence analysis and how il may aid in the investigation, please contact the laboratory. Disposition: The swab from the knife blade (01-01-AA-02). the swab from the knife handle (01-01-AA-01). the swab from the small knife blade (01-02-AA-01 }. the swab from the small knife handle (01-02-AA-02), the swab from the black knife handle (01-03-AA-01 ). the swab from the knife blade in kitchen sink {01-04-AA-01), the swab from the right Nike shoe from Luis Soils-Gonzalez (01-22-AA-01-AB), and the stain from the front of Mr. Solis-Gonzalez's blue jeans (1-28-AA-02) were depleted during the DNA analysis. The previously collected swabs and the resulting DNA extracts are being retained by this laboratory. Ple_ase make arrangements to pick up the remaining bulk evidence at your earfiest convenience. This report has been electronically prepared and approved by: Nicolas Ronquillo DNA Technical Leader Texas DPS EJ Paso Crime laboratory T~St'J7.:Z51l Issue Date: August 12,2013 ----------~-------------------- '·· t ' ·, • - • TEXAS DEPARTMENT OF PUBLIC SAFETY CRJIIE LASORATORY • 11812 Scott Slm!MIOII EIPNo,TX7~ Vole a 918-848-4120 Fax 91 G-849~113 ~ , EIPallOCrlnlti.ab@dpa.taxllll.gaw CONMISSICIII Sl'I!'£N CcloloCRAW A. CYJrotAU!OOl CIWII DIRECTO!t CAI\IN MARCY IIAimi DAVID G. 1WERVl -RIDE 1\ANI>V WI\TSON DEf'VTV DIIU!CTORS Supplemental DNA Laboratory Report Issue Date: Aprll29, 2014 Jorge Estrada Laboratory# ELP-1211.01637 El Paso Ponce Department Agency# 12152050 · 911 N Raynor County El Paso El Paso. TX 79903 Offense Date 0513112012 Suapect(s): SOLis.GONZALEZ, LUIS (008 04/18/1977) Vlctlm(s): Ellmlnatfon(s): Submission lnfonnatlon: 01 ·_Properly Sealed Large Brown Box on November 12, 2012 by Estrada, Jorge VIA In Person Requested Anatnis; Perform forensic DNA analysis. This Is a supplemental report Please refer to the previous reports Issued by Nicolas Ronquillo on May 9, 2013 and August 12,2013. Items 01-29-AA-Q1, 01-3()..AA-Q1, 01-31-AA-01, 01-32-AA-Q1, and 01-34-AA-01 were previously extracted by Nicolas Ronquillo. Evldenc;e Dncr!Dt!on. Resul§ of Analysis and Interpretation; Portions of the items were extracted by a'method wt1ich yields DNA. The DNA isolated was analyzed using STR (Short Tandem Repeat) PCR (Polymerase Chain Reaction) analysis. The foOowing loci were examined: DSS 1179, 021 S11, 075820, CSF1 PO, 0351358, TH01, 0135317, 0165539, 0281338, 019S433, vWA, TPOX, 018S51, Amelogenin, D5S818, and FGA. 01-05-AA-01-AA: DNA extract of toilet paper from Marysol Saldivar's crotch area {Item JE17) The partial DNA profile Is consistent with a mixture. Mr. Soils-Gonzalez cannot be excluded as a contributor to the profile at the STR loci D8S1179, D21511, 0351358, 0165539, 0195433, vWA, TPOX, and D5SS18. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 in 30.29 miiUon for Caucasians, 1 in 304.5 million for Blacks, and 1 in 17.05 million for Hispanics. The approximate world population is 7.0 billion. Ms. Holt, Mr. Desantiago, Ms. Saldivar, and Luis Saldivar are excluded as contributors to this profile. bDPB 03.o3.14 llllimllliiDIIIIIIIIIm DIU m1111111111111 COURlUf · SERV\CI: • PROTECT10N ---------1· --- Laboratory Case Number . Agency Case Number Offense Date ELP-1211-01637 12152050 05131/2012 unrelated person at random who could be a contributor to this profile Is approlCimatety 1 in 930.2 million for Caucasians, 1 in 4.193 billion for Blacks, and 1 In 12.22 billion for Hispanics. Mr. Solis-Gonzatez cannot be exclUded as a contributor to the profile at the STR loci 021 S 11, 0381358, 016$539, and 05S8, B. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 In 33 for Caucasians, 1 in 64 for Blacks, and 11n 28 for Hispanics. The approXimate world population Is 7.0 billion. Ms. ~ ~ ~ and Ms. Saldivar are excluded as contributors to this protlle. 01-G6·AA-G3-AA: DNA extract of swab fOr epithelial cella from duct tape from upstairs bath tub (Item JE24) No interpretable DNA profiles were obtained. 01-o7-AA..01-AA: DNA extract of stain 1 from piece of duct tape with toilet paper Inside and under hamper (Item JE20J The DNA profile Is consistent with a mixture. Mr. Solis-Gonzalez cannot be excluded as a contributor to the profile at the 8TR loci 0881179, 021811, 07$820, CSF1PO, 0381358, TH01, 0135317,0168539,0198433, vWA, TPOX, 018851,058818, and FGA. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 in 46.45 billion for Caucasians, , in 38.73 billion for Blacks, and 1·in 27.93 billion for Hispanics. Mr. Desantiago cannot be excluded as a contribUtor to the profile at the 8TR loci D8S 1179, 021 S11, 0351358, TH01, 0168539, and vWA. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile Is approximately 1 In 593 for . Caucasians, 1 in 1,210 for Blacks, and 1 ln 298 for Hispanics. The apj,roximate wor1d population is 7.0 billion. Ms. ~ Ms. Saldivar and • : are excluded as contributors to this profile. 01.07·AA.02·AA : DNA extract of stain 2 from piece of duct tape Inside and under hamper (Item JE20) The partial DNA profile Is consistent with a mixture. Ms. ~cannot be excluded as a contributor to the profile at the 8TR.Iocl 0851179, TH01, 0168539, vWA, TPOX, and 058818. Atthese STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 11n 446 for Caucasians, 1 in 428 for Blacks, and 1 in 204 for Hispanics. · Mr. Desant1a9o cannot be excluded as a contributor to the profile at the STR loci oas 1179, D21S11, 075&20, 0351358, TH01, 0138317, 0168539, 0281338, 0198433, vWA, TPOX, and 055818. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 in 13.67 million for Caucasians, 1 in 20.39 million for Blacks, and 1 In 4.805 million for Hispanics. Mr. Solis-Gonzalez cannot be excluded as a contributor to the profile at the STR lOCI 0851179, 021811, 03S1358, 0168539, vWA, TPOX, and 058818. At these STR loci, the probability of selecting an unrelated person at random wt1o could be a contributor to this proflle is approximately 1 in 700 for Caucasians, 1 in 1,351 for Blacks, and 1 in 445 for Hispanics. 1'>DI'B03.0S.14 Issue Date: April 29, 2014 7 • • Laboratory Case Number Agency Case Number Offense Date ELP-1211·01637 121~2050 05/3112012 • ~cannot be exCluded as a contributor to the proflle at the 5TR loci 0851179,021511, 0168539, vWA, TPOX, and 055818. At these 8TR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approXimately 1 in 337 for Caucasians, 11n 916 for Blacks, and 1 in 293 for Hispanics. The approximate world population is 7.0 billion. 01-n7-AA..fj3-AA : DNA extract of stain 3 from piece of duct tape Inside and under hamper (Item JE20) No DNA profiles were obtained. 01-n&-AA-02-AA: DNA extract of swab of stain on Inside of duct tape core from ~ . . ~~- room (Item JE30) The DNA profile is consistent witn a mixture. Both Mr. Desantiago and Mr. Solis-Gonzalez cannot be e:xcluded as a contributor to the profile. The probability of selecting an unrelated person at random Who could be a contributor to this profile is approXimately 1 in 9.488 million for Caucasians, 1 in 28.79 million tor Blacks, and 11n 4.191 million for Hispanics. The approximate world population Is 7.0 billion. Ms. ~ Ms. Saldivar, and • ~are .eXCluded as contributors to this profile. 01·09-AA-02-AA : DNA extract of SWllb from stain on duct tape from kids bag with toya from • - room (Item JE28) The DNA profile is consistent with a mixture, Mr. Solls-<3onzalez cannot be excluded as a contributor to t11e profile. The probability of selecting an unrelated person at random who could ba a contributor to .this profile Is approximately 1 In 676,600 for Caucasians, 1 In 3.309 million for Blacks, , and 1 In 230,500 for Hispanics. Mr. Desantiago cannot be excluded as a contributor to the profile at the STR lqci DSS 1179, 021811, D7S820, CSF1PO, 0351358, TH01, 0135317,0168539, 0251338, 0195433, vWA, TPOX, D55818, and FGA. At these STR loci, the· probability of selecting an unrelated person at random who <;:Ould be a contributor to this profile is approXimately 1 In 73,310 for Caucasians, 1 in 305,500 for Blacks, and 11n 17,280 for Hispanics. Ms. Saldivar caMot be excluded as a contributor to the profile at the STR loci 0881179, 021811, 075820, C8F1PO, TH01, 0135317, 0165539, 019$433, vWA, and 058818. At these 5TR loci, the probability of selecting an unrelated person at random who could be a contributor to this proflle is approximately 1 in 898 for Caucasians, 1 in 2,715 for Blacks, and 1 in 451 for Hispanics. _Ms.~ cannot be excluded as a contributor to the profile at the 5TR loci D85 1179, 075820, C8F1PO, 0381358, TH01, 0138317, D168539, 0281338, 019$433, vWA, TPOX, and 058818. At these STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile Is approximately 1 in 4,819 for Caucasians, 1 in 16,540 for Blacks, and 1 in 1,748 for Hispanics. ~~cannot be exCluded as a contributor to the profile at the STR feel 0851179, 021511, D7S820, C8F1PO, TH01, 0135317, D16S539, 019$433, vWA, TPOX, and 055818. At ttlese STR loci, the probability of selecting an unrelated person at random who could be a contributor to this profile is approximately 1 In 4,892 for Caucasians, 11n 10,170 for Blacks, and 1 In 2,667 for Hispanics. The approximate world population is 7.0 billion. 01~1 O-AA.02-AA : DNA e.xtract of stain from makeshift finger cast next to vacuum outside of~~=~......_ upstairs restroom (Item JE34) ·\'-\CT c0 The DNA profile Is consistent with a mixture. Mt. Soils-Gonzalez cannot be excluded as ~'-J'\ (/~~ contributor to the profile. The probability of selecting an unrelated person at random Wh a •P contributor to this profile Is approximately 11n 85.84 trillion for Caucasians, 1 in 310.3 t TlOI'S D3.01. 14 Issue Date: April 29, 2014 " .... . • • LabOratory Case Number Offense Date Agency Case Number ELP-1211-01637 12152050 05/3112012 This report_ has been eleetronicaUy prepared and approved by: Christine Ceniceros Forensic Scientist IV Texas CPS B Paso Crime Laboratory T>OP!I 01.~.14 Issue Date: April 29, 2014 - ·~------------------------------- --- -------· -------~------------------------------------- ----~- !' f • • TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME lABORATORY 11112 Scali SJntp.on El Puo, TX 7U38 Voice 818-149-41211 Ful1~13 EJPiaoCitm.ubGdPI.tuu.aow S'Tl!III!HC.- COiollllSIIICH Dt!Ol!cTOR ,._ CMH!A u;cN, CHAIIt O...VIO t'" ."'!!:: ACCR!DITI!D SV THS AIIERICAN SOCIIm' 01' CRiliE LASORATORYDIR£CTOU ·LAB .W:WPIJ!!"JI ~ <\~ TIIDPeous.t• 1111·············1 COURTES'HIEIMCE ·PROTECTION "'1-r. ocom~-1'' e 1 of2 ... • • ELP-1211.01637 ·Supplemental Forensic Biology Laboratory Report , July 17,2014 23-08-AA: "Disney" bath towel from crime aeene {ttem JE14) Apparent blood was detected. Trace evidence was collected. The collected trace evidence has b~ packaged with the evidence. No.Jurtl'ler analysis was conducted at this time. 23-07-AA: Left navy blue kidS sanda1 from crime scene (Item JE16t Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 23-o8-AA : Two "Lowes" plaatlc bags stuck together from crime scene (JE18) Apparent blood was detected. Trace evidence was collected. The. collected trace widence naabeen packaged With the eviden(:e. No further analysis was conducted at this time. 23-oi-AA : "WWlde" pUers from crime scene (Item JE21) No blood was detected. Trace evidence was coUected. The collected trace evidence has been padcaged with the evidence. No further analysis was conducted at this time. 23-1Q.AA : "WWnnie the Pooh" bath towel from crime scene (Item JE23) Apparent blood was detected. Trace evidence was collectecl. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 23-11-AA : Black "TN'r' t-ehlrt from crime scene (JE23A) Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No fUrther analysis was conducted at this time. The Item was swabbed for potential wearer's DNA. · 23-12-AA : White hand towel from closet under stairs (Item JE26) Ap!)arent blood was detected. Trace ev\dence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. U-13-AA : Right "Predletlone" high heel ahoe from crime scene (JE4&) Apparent blood was detected. Trace evidence waa eoDected. The collected trace evidence has been packaged with the evidence; No further analysis was conducted at this time. lnveatlQatlye LaadJ and 89qulrtmenta for funtter Analy!\8; A separate report will be issued upon completion of DNA analysis. Disposition; Stains from items 23-01-AA to 2~08-AA, 23-06-AB and 23.1 o-AA to 2~ 13-M were retained to preserve biological constituents. The remalnlng evidence submitted on April 1, 2014 and the dust pan (Item MCV 37) submitted on Aprll2, 2014 was returned to Officer Ruben Villareal on July 1, 2014. This report has been electronically prepared and approved by: Csthey l. Serrano Forensic Scientist Texas CPS El Paso Crime Laboratory _ .;;.... . ' J .... TEXAS DEPARTMENT OF PUBLIC SAFETY ~ LABClRATORY t1812 Scatt 8llllplon e Puo, TX 791!!11 L\\ VOice 91 ......120 Fax t1a..a41-4113 I!IP.oCitmeLIIOfps.tuu.p ~ CCiiDII8BICN A. CYNTHIA U!ON, tiiAIII -l'lmU!S p~ .ICtiN80N IIT'IMiNP. W.CH Laboratory case Number: ELP,;,1211.01837 RANDYW'TBOII Supplemental Forensic Biology Laboratory Report Issue Date: September 19, 2014 Jorge Estrada B Paso POllee Department 911 N Raynor El Paso, TX 79903 Agency Case Information: El Paso Pollee Department -12152050 Offensalnfonnatlon: Homicide (S81292}- 0513112012- El Paso County Suspect(s): SOLIS-GONZALEZ, LUIS (008 04/1811977) Vlctlm(s): SALDIVAR, MARYSOL (008 05106/1978) ..... ~(008- DESANTIAGO, ERIC (COB 1212911969} Ellmlnatlon(t): , -~(COB-) . Submission Information: 24 • l.arge Square Brown Box. on Aprll 02, 2014 by Estrada, Jorge VIA In Person 28 - large Brown Bag on April 02, 2014 by Estrada, Jorge VIA In Person 27 • Large Brown Box on April 02, 2014 by Estrada, Jorge VIA In Person Requesf8d Anafvsl!; Screen for biological evidence. This Is a supplemental Forensic Biology Report. Please refer to the most recent previous report Issued on July 17, 2014 by Cathey L serrano. A reference to other reports Is alao mentioned on that report. Eytd!nca Pascrldon. Bnult& of Analysia and lnterpntatlon: 24 : Large Square Brown Box 24-01 : Safety 1st car seat from Nlesan Titan {TX:21 FVB4) (Item JE106) No visible bloodstains were observed. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No further anafytis was conducted at this time. \ 24-02: Car Hat base from Nlaen Titan (TX:21FVB4) (Item JE108) No visible bloodstains were observed. Trace evidence waa collected. The collected trace evidence has been packaged wilh the evidence. No further analysis was conducted at this time. 26 : Large Brown Bag 28.01 : Blue "Disney" comforter from residence (Item JE102) Apparent blood was detected. Trace evidence was collected. The collected trace evidence has. been pack~ed with the evidence. No further analysis was conducted at this time. 27 ; large Brow~:~ Box 27-4Q.AA: Green stone and dlainond bracelet from residence (Item JE10) Apparent blood was detected. ACCIU!DITS) SY THE AMERICAII SOCIETY OF CRill! I.ABORATORY l»RECTTR1f ·LAB Al~-l!iriJ:W..cwJIJ'...J~ .llliilillll.lllll•l•l•ll cwrrsv · SSMCE • PROlECTION 1 of4 _______ __ __ ..,.: . ·. ..... ... •I • ... ELP-1211..01637 forensic Biology Laboratory Report September 19, 2014 27-41-AA: Motorola ''Verizon" cell phone from residence (Item JE12) No visible bloodstains were obselved. Samples were collected for possible DNA analysis. 2742-AA: Glan shards from residence (Item JE19) No visible bloodstains were observed. Samples were collected for possible DNA analysis. 27-43-AA: "Piantronlcs" bluetooth ear piece from residence (Item JE27) No visible bloodstains were observed. Samples were collected tor possible DNA analysis. Trace evidence was coDected. ·The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 27-44-AA: Two ptecee of white plutlc f1'om raldence (Item JE29) No visible bloodstains were observed. Samples were collected for possible QNA analysis. 27-46-AA: Samsung ''Verlzon" cell phone from realdence (Item JE31) No visible bloodstains were observed. Samples were collected for possible DNA analysis. 27-46-AA : Red blanket from residence (Item JE33) No blood waa detected. Samples were collected for possible DNA analysis. There were no Indications of semen. Trace evidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 27-47 -AA : "Track" back pack with mfscollaneous Items behind rock wall of residence (Item JE3S) No visible bloodstains weN observed. Samples were collected fer possible DNA analysis. Traee evidence was collected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at· this time. 27-47-AA-01 :Yellow safety vest from baCk pack behind rock wall of residence (Item JE35) No visible bloodstains were observed. Samples were collected for possible DNA analysis. Trace evidence was collected. The collected trace evklence has been packaged with the evidence. No further analysis was conducted at this time. 27-47-AA.02: Right leather glove from back pack behind rock wall of residence (Item JE36) No visible bloOdstalns were observed. Samples were collected for possible DNA analysis. Trace evidence was cotleeted. The collected trace evidence ~ been packaged with the evidence. No further analysis was conducted at this time. 27-47-AA-43 : Sunglasaes from back pack behind rock wall of rasldence (Item JE36) No visible bloodstains were observed. Samples were collected for possible DNA analysis. 27-47-AA.Q4: Flashlight rrOm back pack behind rock wall of residence (Item JE36) No visible bloodstains were observed. Samples were collected for possible DNA analysis. '/:1-47-AA.OS : Hand brace from back pack behind rock wall of reeldence (Item JE36) No visible b~talns were observed. Samples were collec:led for possible DNA analysis. Trace evidence was coltected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at tills tli'ne. 27-47-AA.OI :Two Husky brand screwdrivers from back pack behind rock wall of resl ..,. ' . • • ' ,. ELP·1211-G1137 Forensic Biology Laboratory Report September 19, 2014 JE36) No visible btoodstains wtn observed. Samples were collected for possible DNA analysis. 27-41-AA : Silver-tone cross pendant from residence (Item JE40) Apparent blood was detected. 27-49-AA: Sliver necklace from reeldence (Item JE41) Apparent blood was detected. 27-60-AA : Sltver ear ring from residence (Item JE43) No visible bloodstains were observed. Samples were collected for possible DNA analysis. Trace evidence was colleded. The collectsd trace evidence has been packaged with the evidence. No .further analysfs was conducted at this time. 27-61-AA: Glass shards from residence fltem JE37) No visible bloodslalns were obSerVed. samples were collected for possible DNA anaiY9ls. 27 -62-AA : "Piston Cup" back pack with ctotttlng and toy from Nlasan lltan (TX:21FVB4) (Item JEt03) No visible bloodatalna were observed. Samples were collected for possible DNA analysis. Trace evidence was collected. The collected trace evidence has been packaged with the evtdence. No further analysis was conducted at this time. 27-62-AA-01: Black "Cars" t-ehlrt from back pack from Nlsaan Titan (TX:21FVB4) (Item JE103) No visible bloodstains were observed. Samples were collected fot possible ONA analysis. Trace evidence wa cdlected. The collected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 27-62-AA.02 :Gray ehort8 from back pack from NilAn Titan (TX:21FVB4) (Item JE1031 No visible bloodstains were observed. Samples were c:ollec:led for possible DNA analysis. Trace ·evidence waa colleeted. The collected trace evldem:e haa been packaged with the evidence. No further analysis was conducted at this lime. 2.7-62·AA.03: "Toy Storyn underwear from back pack from Nlsaan Titan tTX:21fVB4) (Item JE~03) No visible bloodstains were cbservec:1. Samples were c::olleded for possible DNA analysis.· Trace evidence was collected. The collected trace evidence has been packaged with the evidellCe. No further analysis was conducted at this time; 27-62-AA-04 : Pair of black social from back pack from Nlaaan lltan (TX:21 FVB4) (Item JE103) No visible blOOdStains were observed. Samples were eallected for possible DNA analysis. Trace evidence was coftected. The coUected trace evidence has been packaged with the evidence. No further analysis was conducted at this time. 27-12-AA-06: Toy figurine from back paek from Nlnan Titan (TX:21FVB4) (Item JE103) No visible bloodstains were ob5erved. Sample& w«e QOIIected for.posslble DNA analysis. lnye!tlaatlve Leads lad Reaulrements for FyrtherAnalq!J; A separate report will be Issued upon completion of DNA analysis. QJepceltlon; A portion of Item 26-01 along with swabblngs flom items 27-40.AAto 27-47-AA, 27-47- 27-47-M-08, 27-47-AA-08, 27-48-M to 27·52-AA. and 27·52·AA-Q1 to 27·52-AA-06 wil ,;~ ... , ·. • '"' ELP-1211-01837. Fort~nelc Biology Laboratory Report September 19,2014 preserve the biological constituents. We are unable to retain the remaining evidence In our vault. Please make arrangements to pick up this evidence as soon ae possible. This report has been electronically prepared and approved by: Christine Ceniceros Forensic Scientist IV Texas DPS El Paso Crime Laboratory