Status of DNA may be key in serial rape case

Thursday, Feb. 17, 2005 | 8:30 a.m.

A 38-year-old man accused of committing a series of rapes in the late 1990s will stand trial, Las Vegas Justice of the Peace Ann Zimmerman ruled Wednesday.

Dushon Green is scheduled for arraignment before District Judge David Wall on March 2 on 12 counts of sexual assault and multiple charges of kidnapping, robbery and burglary.

On Thursday Metro Police DNA analyst David Welch testified that after processing five rape kits from women -- all of whom were sexually assaulted in the late 1990s in apartments spanning about a 20-block radius of eastern Las Vegas -- he was able to match to Green's DNA.

Welch said Green is the only person in 600 billion that could have supplied the DNA he discovered in the women's rape kits.

Detectives arrested Green after the long-stored DNA evidence from the five cases was matched to Green's DNA, police said.

The question of how Green's DNA sample was taken, however, could become a major issue at trial.

Green's attorney, Michael Gowdey, said under Nevada law a DNA sample can only be taken from an individual by judge's order, a legal search warrant or if the person has committed certain crimes.

In general those convicted of a category A, B or a violent category C felony, must provide a sample in order to have a DNA profile run. The DNA profile is then put into a database and unsolved cases, such as sexual assaults or homicides that have a DNA profile, can be compared with the convicted offenders to ascertain whether they contributed to the DNA profile.

Green was on probation for a gross misdemeanor conviction of attempted pandering, a charge that under Nevada law doesn't require DNA testing.

Green's DNA sample was taken by his probation officer, Richard Ainsworth, who testified Wednesday he took a DNA sample from Green because Green's name came up on a list of probationers required to do so.

"This is indicative of the way prosecutors have forced people into giving DNA samples," Gowdey said. "This is an example of what I call the Big Brothering of America. They (law enforcement) would love to have everyone's DNA in a data base."

Gowdey said he would file a motion to have Green's DNA sample suppressed after Green pleads not guilty before Wall.

During the first day of Green's preliminary hearing, five victims testified that a man wearing dark clothing and gloves broke into their apartments. Each of them said the rapist choked them or covered their mouths and noses in order to keep them from screaming while he sexually assaulted them.

Green remains in custody at the Clark County Detention Center on $620,000 bail.