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WAILUKU — Second Circuit Judge Rhonda Loo accepted a case appeal Wednesday to crave a annihilation doubtable to accommodate a saliva sample for DNA allegory in a above algid case from about 20 years ago.
Anthony Moreno, 59, had objected to the request.
He has pleaded not accusable to a allegation of second-degree annihilation of 38-year-old Kimberly Belluomini, who was begin asleep Oct. 27, 2000, in her second-floor accommodation at Southpointe in Kihei.
She was begin naked beneath a comforter and pillows, with her dress and underwear broken from her anatomy and two ample lacerations to her head, according to a acknowledgment filed in cloister by Deputy Prosecutor Andrew Martin.
During an dissection that disqualified her afterlife a homicide, vaginal swabs were calm from the victim, according to the declaration.
Last year, badge submitted the swabs to the Scientific Investigation Area of the Honolulu Badge Department to be advised for the accessible attendance of macho DNA. According to allegation in a address by the section, screening of the swabs adumbrated the attendance of semen, and a fractional DNA contour of an anonymous macho was acquired from one sample.
The case approved Moreno’s saliva sample by aperture besom to analyze with the fractional DNA profile.
In a acknowledgment filed in court, Deputy Public Defender Danielle Sears said the prosecution’s appeal wasn’t all-important because anon afterwards the crime, Moreno had told badge that he met Belluomini the night of Oct. 26, 2000, at Henry’s Bar & Grill in Kihei. He told board that he and Belluomini drank booze and danced afore administration a auto to her residence.
Moreno told badge he was with Belluomini in her accommodation the night she was murdered but denied actuality amenable for her murder.
“Given Mr. Moreno’s account to the police, it is activity to be accepted that his DNA would be begin on these swabs that were taken from the deceased,” Sears said in cloister Wednesday. “There was a account about consensual sex that night. So the state’s appeal is not relevant.”
Deputy Prosecutor Andrew Martin said the appeal for the sample is relevant.
“Not alone does it potentially approve the defendant’s statement, which would be necessary, but it additionally would aphorism out added abeyant perpetrators,” he said.
Moreno is actuality captivated in lieu of $1 actor bond at the Maui Community Correctional Center afterwards actuality brought aback from Florida aftermost ages to face the annihilation charge.
A Maui County admirable board accusable Moreno on the allegation in November, afterwards detectives with the badge Criminal Investigation Division advised the algid case while alive with Martin and the Maui County prosecutor’s office.
Moreno larboard Maui afterwards 2005, active in Texas afore he was amid active on a baiter in Florida, badge said.
* Lila Fujimoto can be accomplished at [email protected]
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