Wednesday, May 23, 2018

John Kunco: Pennsylvania: (Great news. HL): Unreliable bite mark testimony and lots more! Trib Live (reporter Rich Cholodofsky) reports that he has been granted a new trial based on new DNA findings as well as unreliable bite mark testimony and voice identification used to convict him."


PASSAGE OF THE DAY: "Prosecutors said Kunco broke into the woman's apartment, blindfolded her with her underwear, shocked her with a frayed electrical cord, then raped her and forced her to perform sexual acts. According to court records, the woman identified Kunco by his lisp. At trial, prosecutors showed jurors photographs of a healed bite mark on the woman that experts said matched a dental imprint of Kunco's mouth. The defense has since maintained the bite mark evidence used to convict Kunco was based on faulty science. DNA testing last year of a blanket believed to have been present during the rape found no traces of Kunco's genetic material, according to the defense. DNA evidence was not presented during Kunco's trial."

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QUOTE OF THE DAY: ""To me, this is overwhelming."

Judge Christopher Feliciani.

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STORY: "DNA evidence gets new trial for man convicted in 1990 New Kensington rape case," by reporter  Rich Cholodofsky, published by Trib Live  on May 23, 2018.

GIST: "A Westmoreland County judge on Wednesday granted a new trial for a man convicted of raping a New Kensington woman in 1990 after lawyers argued testing revealed the man's DNA was not found on evidence collected at the crime scene. Common Pleas Court Judge Christopher Feliciani ordered a retrial based on the DNA findings as well as unreliable bite mark testimony and voice identification used to convict John Kunco, 52, formerly of Harrison. "To me, this is overwhelming," Feliciani said. Assistant District Attorney said the prosecution will appeal the ruling. Feliciani ruled that Kunco can be freed from prison while he awaits the new trial. A jury in 1991 convicted Kunco of rape and other offenses for the brutal sexual assault of a 55-year-old woman in her home. He was sentenced in 1992 to serve 45 to 90 years in prison. The Innocence Project in New York has been working on Kunco's behalf."

The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.