State’s First Dna Murder Conviction Overturned Washington Supreme Court Says Expert Gave Improper Testimony

The Washington Supreme Court Thursday overturned the conviction of a man who was linked by genetic evidence to the January 1988 rape and murder of a Loon Lake woman.

Cynthia Ferguson, 23, was stabbed in the neck 15 times and her body was left along a rural road near Chewelah, Wash. Witnesses saw Curtis S. Buckner, then 20, also of Loon Lake, near the murder scene with a knife like the one found near Ferguson’s body.

Buckner was convicted of first-degree murder in the first trial in the state to use DNA genetic evidence. But the Supreme Court said a genetic testing expert improperly testified that DNA from Buckner’s blood matched semen found in Ferguson’s body.

Geneticist Michael Baird testified that the particular combination of matching patterns found in the two samples would occur for only one Caucasian in 19.25 billion. So, he concluded, the samples “do match.”

However, under guidelines established by the state Supreme Court, experts may not testify that a particular genotype is unique. “Match” means “unique in the population,” the court said.

The rule against claims of uniqueness was based on the court’s finding of considerable disagreement in the scientific community on the proper methods for calculating genetic statistical probabilities.

In Buckner’s case, the court found fault with Baird’s statement that only one Caucasian in 19.25 billion could match the DNA in the semen.

“Since this figure is almost four times the present population of the Earth, the jury was told, contrary to (the court’s guidelines), that the match was unique in the population, the court ruled.

The court rejected Colville defense attorney John Troberg’s other arguments that DNA evidence shouldn’t have been allowed at all and that evidence was destroyed.

Earlier the state Court of Appeals upheld Buckner’s conviction, but remanded the case to Stevens County Superior Court Judge Larry Kristianson for re-sentencing. The Appeals Court said some of Kristianson’s reasons for giving Buckner an exceptionally long sentence were invalid.

Kristianson sentenced Buckner to 80 years, but the standard range for someone with Buckner’s background was 24 to 32 years.

Prosecutor Jerry Wetle said he may ask the Supreme Court to reconsider its decision. If the court doesn’t change its mind, Wetle said he will retry Buckner.

Buckner is in prison and likely will remain in custody until he is tried again, Wetle said.