SMITH COUNTY, Texas — More DNA testing will take place in the capital murder case against Gustavo Zavala-Garcia.
Judge Jack Skeen Jr. of the 241st District Court granted the agreed upon motion put forth by Zavala-Garcia's defense team.
"We've had Nuclear DNA testing through the Department of Public Safety," Brett Harrison, Zavala-Garcia's defense lawyer explained, "we also, more recently, had Mitochondrial DNA testing through the University of North Texas."
In the most recent testing only 10 items were submitted to the University's lab.
Expert witness for the defense, Dr. Robert C. Benjamin, a professor at UNT, answered questions and confirmed statements by phone.
Dr. Benjamin explained a difference between Nuclear and Mitochondrial DNA testing.
"Mitochondrial will pick up samples that will not work for Nuclear." Dr. Benjamin said, "we're looking for hairs that would be, in particular, a half inch or greater in length."
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Those hairs would be from the victim, 10-year-old Kayla Gomez-Orozco's skirt and t-shirt she was wearing.
During the hearing Thursday morning, Dr. Benjamin also explained why other hairs, considered biological evidence would not be tested.
"They're not probative, or they're just highly unlikely to give a result because they're just too small," he said.
The Mitochondrial DNA testing is expected to take four to six months.
With the testing needed and the change of venue motion filed by the defense, it is likely that the trial date, set for July 15 will be rescheduled.
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