Reno prosecutor denies DNA evidence destroyed

RENO - A prosecutor has denied allegations that DNA evidence was destroyed in the rape and murder case against a former Marine.

James Biela has pleaded not guilty to charges of killing and sexually assaulting 19-year-old Brianna Denison, who was abducted from a home near the University of Nevada, Reno, on Jan. 20, 2008. Her body was found in a vacant lot three weeks later.

He is also charged in two other sexual assaults on or near the UNR campus.

Deputy District Attorney Elliott Sattler told a Reno newspaper on Friday that analysts at the Washoe County Crime Lab followed established protocol when testing DNA samples in the case.

In a motion filed in September, Chief Deputy Public Defender Maizie Pusich claimed the crime lab destroyed DNA samples, preventing the defense from running independent tests.

According to the motion, the evidence collected was 70 to 100 times the amount needed to develop a genetic profile of a suspect. It said destroying what was left prevented the defense to conduct an independent analysis and violated Biela's rights.

The defense wants Washoe District Judge Robert Perry to block the use of DNA evidence at trial.

"He is merely hoping that there would be something different in the items if he could retest them," said Sattler. "He cannot point specifically to anything that would be found there."