Lawyers for a man accused of murdering a woman and dumping her body in Canoe Creek State Park over a decade ago were in court Friday.
A bite mark was the topic of the meeting.
Paul Aaron Ross was convicted in 2005 but in 2012, the Superior court tossed out the verdict and ordered a new trial. In part, because his defense attorney didn’t have enough time to prepare.
Monday that attorney tried to convince a judge that bite mark evidence linking ross to the crime should be thrown out.
Ross’s defense brought in the Innocence Project to debate if a bite mark found on Tina Miller’s chest is evidence that can be used against him.
The team of attorneys argue bite mark evidence is not valid.
They talked about multiple studies done that show that teeth indentations are difficult to map on skin and can potentially be matched to other people’s teeth.
The Commonwealth says that forensic dentists use observation and experience when it comes to bite mark evidence and believe that it should be allowed in this case.
“Studies show they can’t even reliably identify what is and what isn’t a bite mark and just to take the word of somebody who says ‘yeah I can do that, yeah I got that skill’ over science that’s just not what the law requires,” said
Ross’ attorney Thomas Dickey hopes they’ll get the hearing.
“At the Frye hearing if she gives it to us, which we believe she should under what we presented today and under the law, that’s where you’re going to hear all these people come in and say what a crock that it really is,” Dickey said.
Judge Jolene Kopriva listened to both sides and hasn’t made a decision yet on the bite mark.
Both the defense and prosecution are set to have briefings on their case submitted to the court by January 16th.
No date has been set for Ross’s re-trial over Tina Miller’s murder.
