Arrest of Robert Hansen: Pre-Empting Judge Buckalew

The move by Hansen’s defense attorney to suppress the evidence found in the search of his house, business and vehicles was make-or-break for the prosecution. That was a defense motion they had to turn away. Having the appropriate judge seemed crucial to that project: Prosecutors wanted to pre-empt Judge Seaborn Buckalew, their assigned judge in the Paulson case; Hansen’s attorney had clerked for Buckalew and that was a little too close for comfort.

While the legal maneuvering was critical, another nugget of information loomed large. In a time when DNA testing was still on the horizon, the lab results matching Hansen’s blood type to that found on Cindy Paulson’s rape kit was another indelible link forged between them. It was not as despositive as DNA, of course, but it was still widely accepted in courtrooms across the U.S.

Serology is widely accepted because the tests are simple, reliable and easily interpreted, said Dr. Barry A. J. Fisher, scientific services director for the Los Angeles County Sheriff’s Department. Results obtained by serology have been validated in a large number of laboratory studies and are readily reproducible–key factors that control admissibility of scientific evidence in courtrooms.

“This is a very straightforward testing procedure, very basic,” he said. “The defense will always try to raise doubts about it . . . but unless there is specific information that a test is done improperly or the individual who did it does not have adequate training, evidence of this sort will be admitted.”

Serology relies on the fact that several proteins found in blood can be present in any one of two or three forms, much like hair can exist in different colors. The most common and widely known proteins are those that determine blood type, the so-called ABO grouping. But experts have identified as many as 19 other lesser-known proteins that provide similar information.

In the lab, criminalists select about half a dozen proteins and determine which form of each is present in a blood sample, according to Jack Mertens, who is in charge of serology at the Federal Bureau of Investigation’s forensic laboratory. Published data indicate the frequency with which each form of the protein occurs in the population at large. About 34.7% of the general population is Type A.

Source: Thomas H. Maugh II, Medical Writer, Los Angeles Times, July 9, 1994, “Serology Testing Is Widely Accepted : Forensics: Defense efforts to cast doubts generally fail. Blood results are simple, reliable and easily interpreted, experts say.”


8/27/84: Sergeant FLOTHE meets with D.A. ROTHSCHILD in court with regards to pre-empting the assigned judge for the PAULSON case, Judge Seaborn Buckalew. D.A. ROTHSCHILD argues that the Defense Attorney, FRED DEWEY had law clerked for the presiding judge. Judge subsequently pre-empts himself.

Buckalew
Judge Seaborn Buckalew

ROY TUBERGER FBI advises HANSEN blood is A-sector, same as that found in semen [taken from CINDY PAULSON rape kit].

Hearing before Judge LEWIS on motions to dismiss search warrants, confessions, etc. D.A. requests [Lewis to assign] different judge [to the Paulson case].

Sergeant FLOTHE meets with District Attorney, FRANK ROTHSCHILD, at 1:30pm with regards to the supression of evidence seized.


Purchase Butcher, Baker

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