Durante

The court learned today that DNA evidence found on the collar of a black tee-shirt matched accused robber Kareem Durante, so much so that it would take one in 360 trillion individuals to have the same DNA sample.

The tee-shirt was sent by the police to a privately-owned DNA laboratory in Miami.

Director of the DNA Labs International, Kevin Noppinger, in his testimony on Monday morning said he received several pieces of evidence including DNA swabs and hair samples from George Mason of the Scenes of Crimes Unit, Royal Virgin Islands Police Force. He received the first set of evidence on September 20, 2007.

The DNA expert told the Court that from the sample obtained from the collar of the tee-shirt, he could have excluded Nicoy Scatliffe and Dion Scatliffe, but not Durante. Buccal swabs and hair samples from the three men were also sent to be tested.

Additionally, no DNA could have been obtained from the black mask.  

Noppinger further stated that the tee-shirt sent to him was inside out and the sleeves were tied together.  

While being examined by Senior Crown Counsel Candace Rapheal-DeJonge the witness said once DNA is dried it can stay for a long time and it cannot be transferred from one piece of clothing another. He also disclosed that he only found DNA from one individual on the tee-shirt.

The DNA expert found no blood or DNA on steering wheel of the rented vehicle or on the hand break. Swabs of the vehicle in which Nicoy Scatliffe was found in at Bell Vue were sent for testing.

Under cross examination, Durante’s lawyer Herbert Mc.Kenzie asked the DNA expert if the tee-shirt was used as a mask what the likelihood was that the DNA could have been from saliva,  and whether his test could determine when the tee-shirt was last worn.

Noppinger also divulged that no other biological fluids were on the tee-shirt and he did not receive a white tee-shirt.

The tale of the tattoo

None of the officers who interviewed Durante could recall seeing any distinguishing marks on his arms or hands when crossed examined by the defendant’s lawyer. Mc.Kenzie had Durante show his tattoo which is on his left forearm.

Detective Chief Inspector Thomas Murray, who interviewed Durante on September 10 between 4 – 4:30 pm at the Criminal Investigation Department (CID) Road Town could not remember seeing any tattoo.

“If his sleeves were rolled up I would have noticed a tattoo. But I can’t recall seeing it,” Murray said under cross examination after it was pointed out that the defendant was in his presence for about 45 minutes. 

Prior to his cross examination, Murray read a transcript of Durante’s interrogation. In some instances Durante’s answers were inaudible. Also under cross examination, Murray said the interview was recorded on a cassette and explained if it was done digitally the transcriber could have enhanced the inaudible parts.

He admitted to Mc. Kenzie that they [the police] would have to move away from that method.
 
Meanwhile, head of the investigation Dervent Murray, Anti Drug Task Force, was with the Detective Chief Inspector when Durante was questioned.  He testified that the defendant was reluctant to answer uncomfortable questions and would mumble during those times.

Durante was subsequently charged with five counts of robbery and one count of aggravated robbery, and after he was cautioned Durante said, “Officer I don’t know anything about no robbery.”

DC Murray too could not remember if he saw a tattoo on the robbery accused’s arm.  

Still under cross, Murray said other persons of interest, Brian Alexander and Adrian Fahie, were questioned and released while Dion Scatliffe who was charged initially had his case dropped by the prosecution in the Magistrate’s Court.

Murray could not recall the offences Nicoy Scatliffe, Durante’s alleged accomplice, pled guilty to and was not aware of a pantyhose that had been taken from Fahie. He was not present when Durante was apprehended.

When asked by Mc.Kenzie if he was not concerned about the physical description given by the witnesses and the clothing the assailants were wearing, the head of the investigation said he was satisfied with the statements collected by the officers.

Murray acknowledged that he visited the crime scene after September 10.  

Acting Inspector Donald Rogers on September 7, 2007 was the Commander of  the Immediate Response when he received a call around 12:05 a.m.  concerning the robbery. He and his team went to the scene and soon after convened at the RT police station for a quick briefing. 

He told the court that he, along with several officers, went  to Bell Vue and in the vicinity of Smith’s residence a white five door vehicle was seen parked with the doors locked. Rogers unlocked the vehicle and drove it to RT Police station.

In the presence of Sergeant Jackson he examined the interior and exterior of the vehicle and while searching the glove compartment he found a Nokia black and silver flip phone which fitted the description of a phone which had been stolen.

The phone was placed in an evidence bag and handed to a forensic officer before sunrise.  

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