Jury Acquits Sex Offender On Incest Charge Prosecution Was Forced To Go To Trial Without Dna Evidence Due To Backlog Of Requests For Tests

A two-time sex offender who forced the prosecution to go to trial without DNA evidence has been acquitted of an incest charge.

Authorities on Friday blamed a backlog of 10,000 requests for tests swamping Washington State Patrol crime labs.

Because genetic tests in the biggest cases take at least eight weeks, Spokane County Deputy Prosecutor Ed Hay and sheriff’s Detective William Francis ruled out high-tech forensic sleuthing and went to trial this week with the evidence they had.

They had no choice.

The 38-year-old defendant, Grant Kennedy, refused to waive his right to a speedy trial, which by law must occur within 60 days of a jailed person’s arrest.

Police accused the Spokane construction worker of having oral and anal sex with a 17-year-old family member last September.

The boy reported the incident to a neighbor, and he was taken to a hospital where semen was recovered.

If the waiting list for DNA analysis wasn’t so long, Hay said he would have submitted semen samples to the state crime lab in Seattle.

The tests probably would have either clinched a conviction for the prosecution or proven Kennedy’s innocence.

DNA deoxyribonucleic acid - is the genetic code found in the nucleus of all human cells. In crime-lab testing, DNA is taken from human fluids, hair or tissue and “fingerprinted,” producing an image that helps police identify or eliminate suspects.

Because of Kennedy’s prior convictions - communication with a minor for immoral purposes in 1993 and statutory rape in 1988 - he faced about five to six years in prison if convicted of first-degree incest.

During the trial, the boy said Kennedy entered his bedroom, removed his clothing and demanded sex.

Kennedy flatly denied having any sexual contact with the boy.

The jury didn’t know Kennedy is a registered sex offender. The panel was told only that the defendant has two prior felony convictions.

Jurors deliberated for about four hours before finding Kennedy not guilty Thursday afternoon.

Defense attorney Doug Boe said he was surprised by the verdict.

“I didn’t expect an acquittal. I had some hopes for a hung jury,” he said.

Kennedy is still in the Spokane County Jail on an alleged parole violation, Francis said.

The state’s six crime labs had their budgets cut last year, forcing layoffs, while caseloads continue to soar, said Daryl Brender, who manages labs in Spokane and Kennewick.

Gov. Mike Lowry’s latest crimefighting proposal, however, would nearly double the labs’ budget.

Brender called that “a starting point.”