TUCSON, Ariz. (KGUN) — The Christopher Clements child murder trial heads to the jury tomorrow.
The defense rested late this afternoon without putting Clements on the stand. Attorneys rarely allow clients to testify. It's just too dangerous because prosecutors get to ask questions too.
Jurors are not supposed to put any weight on whether or not someone testifies in his own defense.
As testimony wound down, Clements' attorney worked to undermine DNA evidence in the case by putting an independent DNA consultant on the stand. Clements is charged with kidnapping and killing 13-year-old Maribel Gonzalez in June 2014.
When investigators found Maribel Gonzalez' body in a remote part of Avra Valley, her remains were badly deteriorated from about three days' exposure to the harsh desert environment. Tests found very little DNA other than hers.
Her clothes were never found, so that reduced the potential for evidence samples.
Over the course of several years investigators found two very small samples of male DNA: One in the form of a single, tiny hair.
Of the 23 key locations on the DNA, five could not be read. That left a sample prosecution and defense experts say could belong to Clements, or to any male on his father’s side of his family. It could also have come from one-in-8600 men in the world.
The defense's DNA consultant, Michael Spence, reinforced the idea the DNA does not lock down Clements as the source of the DNA found on Maribel’s body.
Spence worked many years in academic research, and for four years in police DNA work before going to work as a private consultant.
He said there have been cases where a male DNA finding has been so broad, it has matched with investigators who worked on a body. That fits with the idea Clements' defense has raised: Investigators in this case might have accidentally left their own DNA on the remains.
Questioned by the prosecution, Spence conceded that tests on other men Maribel Gonzalez knew did not line up with the DNA findings at all, while Clements can not be excluded from the male DNA found on the body.
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Defense rested its case the afternoon of Tuesday, Sept. 27, without testimony from Clements himself.
The final witness for the defense was a cell phone expert who said Clements' phone probably was not near the body location—however, his data was of a lower quality than the prosecution's cell witness.
The prosecution does have the option of calling a rebuttal witness when the trial resumes Wednesday, but no indication yet if they will choose that course of action.
Clements is set to face a separate trial in February for the killing of 6-yea-old Isabel Celis.
IN THE VIDEO PLAYER BELOW | Timeline: Disappearance of Maribel Gonzalez
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Craig Smith is a reporter for KGUN 9. With more than 40 years of reporting in cities like Tampa, Houston and Austin, Craig has covered more than 40 Space Shuttle launches and covered historic hurricanes like Katrina, Ivan, Andrew and Hugo. Share your story ideas and important issues with Craig by emailing craig.smith@kgun9.com or by connecting on Facebook and Twitter.
