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[Greene County Daily World]
Greene County, Indiana ~ Thursday, December 4, 2008
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State nearly ready to wrap up its case in molestation/incest trial

Wednesday, August 20, 2008

Testimony in the George A. Foote Jr. trial is expected to enter its fourth day today.

Greene County Prosecutor Jarrod Holtsclaw has one more witness to call to the stand on Thursday -- a DNA expert.

Then, he is expected to rest his case.

Julie Martin, an investigator with the Greene County Prosecutor's office, finished her testimony (see related story) after the lunch recess on Wednesday afternoon and an Indiana State Police lab tech -- Mellisa Myers testified.

Meyers is a forensic serologist employed by the Indiana State Police at their Indianapolis Regional Laboratory and was designated as an expert witness in the field of serology.

During her testimony, Meyers explained that she receives items of evidence, examines them, performs initial testing on the items and prepares items for DNA analysis.

Meyers said a serologist looks for indications of blood and other biological substances like seminal fluid and saliva that might provide DNA. She also tries to identify substances and determine whether they are a human biological substance or something else.

Meyers was asked to describe the quality control measures used in the lab as well as the procedure followed to document the chain of custody whenever evidence is transferred within the lab.

According to her records, four items arrived in the ISP lab on March 21, 2007 and Meyers obtained the items on April 11, 2007 in order to perform testing.

One of the items was a tissue, one contained "standards" for Foote, and the other two items were evidence collection kits for each of the victims - both kits contained a number of things including bodily fluid and hair samples and articles of clothing.

Meyers first performed "presumptive" testing to determine if there could be any biological substances on the items - in the process, she was able to eliminate many items by determining that these substances were not there.

Meyers then performed "comfirmative" testing to see if she could make a positive identification on any of the items that she had determined could contain the substances she was looking for.

Meyers said that she was unable to confirm the presence of saliva or seminal fluid on the items, but she sent several items on for DNA analysis because she had determined saliva or seminal fluid could be there.

Holtsclaw asked Meyers if there were any reasons why she was unable to confirm the presence of saliva or seminal fluid and Meyers replied yes.

She explained several factors like the amount of time that had elapsed, whether a condom was used, the possibility that there might not be sperm in the seminal fluid or that ejaculation may not have taken place, and other environmental factors could affect the outcome of serological testing.

Court recessed at 4:40 p.m.

Holtsclaw is expected to call his last witness to the stand, a DNA analyst, when court reconvenes at 9 a.m. Thursday.

Defense attorney James Reister is expected to present his case on Thursday, then the jury should get the case some time on Friday.

Foote is charged with two counts of child molesting, both class A felonies, and two counts of incest, one is a class B felony and the other is a class C felony.

A six-woman, six man-jury that was seated from Knox County on Monday heard from the two female teen victims in the case Tuesday as the first two witnesses were called by Holtsclaw.

Both girls said under oath that Foote repeatedly molested each of them dating back about to at least 2004.

The out-of-county jury will be transported each day to the Greene County Courthouse in Bloomfield to hear testimony.

Earlier on Wednesday, the court heard from two emergency room nurses at Bloomington Hospital -- Stephanie Hall and Judi Dillion.

Both had helped exam and collected forensic evidence from the two girls on March 13, 2007 when they were brought to the hospital by their foster parents after the interviews with school, DCS and law enforcement officials.

The nurses explained in detail to the jurors the process by which the medical/forensic evidence was gathered -- a procedure that took more than 2 1/2 hours to complete. The evidence was then turned over Martin, who transferred it to the Indiana State Police Crime lab in Indianapolis for analysis.

The nurses explained that it is very traumatic for victims of molestations or sexual assaults to go through this kind of examination and evidence-gathering procedure.

Speaking of the older victim, Hall told the court, "She was very scared, very fearful. She was worried about what was going to happen. She was concerned that her parents were going to be mad ... she was relieved that she was not going to go back into that situation that night."

Dillon said the younger girl was quiet, but after talking with her for a while she opened up.

"She told me her father had been molesting her," Dillon told the jury.

When asked by defense attorney Reister if there was any physical injuries or evidence found during the exams that the molestations took place, both nurses noted that on the exterior of the body there was none.

However, both said that physicians actually conducted the physical examinations of the interior of the body cavities and organs of both girls and they would have a better idea if there was any signs of the molestations.

The older girl told Hall that Foote had sexual intercourse and oral sex with her the night before the exam in a van that was parked outside the family's mobile home in Bloomfield.

The younger victim told nurse Dillion that her last molestation had occurred about two weeks prior to the exam. It is alleged to have happened inside the living room of the mobile home.

A mistrial was declared in the case in early April when the trial proceedings were halted due to issues with the jury, before testimony began on the fourth day of the trial.

Foote was arrested in October 2007 following the investigation by the Greene County Prosecutor's Office and the Greene County Department of Child Services.

He is free from custody after posting 10 percent of a $105,000 bond, but was ordered to have "no contact" with the victims in the case.

If found guilty on all four charges, Foote could be sentenced to a term of imprisonment between 48 and 128 years, plus face a fine of up to $40,000.


Comments
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Y is there this much details in the papaer.. There should be some things the public doesnt need to know.. Give the girls a break.. Later when they read this, there going to so upset..

-- Posted by jasper on Mon, Aug 25, 2008, at 6:23 PM

No.

-- Posted by dorindaJ on Mon, Aug 25, 2008, at 4:40 PM

Were any charges ever brought against the juror, who caused the mistrial? Squandering taxpayer dollars and putting victims through even more is just disgusting. It seems like a charge of perjury is in order for lying during the jury selection process, isn't it?

-- Posted by JimmyJoeJingle on Thu, Aug 21, 2008, at 7:43 AM


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