PASSAGE OF THE DAY: "Dana Gaul was the man arrested and charged with murder in connection with a stabbing last year that killed 19-year-old Jehlon Rose in Worcester. Since then, Gaul has been released and authorities are eyeing a new individual in connection with the killing. According to a statement from the office of Worcester District Attorney Joseph Early Jr., the Worcester Police Department Detective Bureau investigated the stabbing for seven months and identified Gaul through surveillance footage, cell phone images and video and eyewitnesses. The 43-year-old Leicester man was arrested and charged with murder on June 24. But on Nov. 10, an individual and his attorney walked into the Worcester Police headquarters and provided authorities with evidence that would appear to clear Gaul. The man, who is Hispanic but investigators say bears a striking resemblance to Gaul, who is Black, was Jorge Luis Rivera-Baez of Worcester, court records said. Gaul was then released on personal recognizance with a GPS bracelet and a condition that he report to probation."
STORY: "Weeks before indicting him for murder, commonwealth received DNA evidence that didn't match Dana Gaul in fatal stabbing of Jehlon Rose, attorney says," by reporter Tom Matthews, published by Mass Live on December 22, 2021.
GIST: "Weeks before a Leicester man was indicted for murder, the Worcester District Attorney’s office received DNA evidence that excluded their then-suspect, according to Sarah Hamilton, an attorney representing another man who is now being investigated in the killing.
Dana Gaul was the man arrested and charged with murder in connection with a stabbing last year that killed 19-year-old Jehlon Rose in Worcester. Since then, Gaul has been released and authorities are eyeing a new individual in connection with the killing.
According to a statement from the office of Worcester District Attorney Joseph Early Jr., the Worcester Police Department Detective Bureau investigated the stabbing for seven months and identified Gaul through surveillance footage, cell phone images and video and eyewitnesses.
The 43-year-old Leicester man was arrested and charged with murder on June 24.
But on Nov. 10, an individual and his attorney walked into the Worcester Police headquarters and provided authorities with evidence that would appear to clear Gaul. The man, who is Hispanic but investigators say bears a striking resemblance to Gaul, who is Black, was Jorge Luis Rivera-Baez of Worcester, court records said.
Gaul was then released on personal recognizance with a GPS bracelet and a condition that he report to probation.
Hamilton, who is representing Rivera-Baez, asked Judge William Ritter in Worcester Superior Court Wednesday for another week to craft a response to new information the commonwealth has provided on exculpatory evidence regarding Gaul. The new information included a police report, two photos and a DNA report.
Attorney William J. O’Neil, who is representing Gaul, requested the court deny the motion arguing that Gaul provided DNA that excluded him but nonetheless he was arrested and charged in late June of this year, was held without bail until Nov. 30, still faces the indictment and is on a GPS bracelet.
Hamilton argued that Gaul’s circumstances are not somehow only affected by her motion and referenced a DNA report that came back on June 9 or 10 and excluded Gaul.
Court records show that the Massachusetts State Police Crime Laboratory performed DNA testing on evidence from the crime, which included Jehlon’s clothing. A State Police Crime Laboratory forensic scientist concluded that the DNA profile generated from some of the evidence was a mixture that included the victim’s DNA and an unidentified contributor, and excluded Gaul.
Gaul was secretly indicted by a Worcester County Grand Jury in late June, more than two weeks after the DNA report from the Mass. State Police Crime Laboratory excluded him from being the source of the commonwealth’s DNA evidence.
Ritter approved Hamilton’s motion and postponed the hearing until Tuesday, Dec. 28. On that date, the judge will approve or deny the commonwealth’s motion for Rivera-Baez to provide a buccal swab DNA sample.
In the meantime, Hamilton said she will meet with a DNA expert to help understand the contents of the DNA report the commonwealth provided.
Last week, the commonwealth argued that there is probable cause Gaul did not kill Rose, adding that there are multiple samples with unknown mixture to them, including saliva from a jacket and blood from shoes and fingernails of the victim that require more investigation.
On Wednesday, Hamilton said the prosecutors had initially made it seem that the DNA was just taken from the victim, and stated, “What the documents also show, there were several samples and I don’t think it’s quite as simple as the initial suggestion and certainly as someone who doesn’t have the technical training in DNA, need an expert to consult.”
That expert consultation, she said, will also show how the evidence would aid in the commonwealth’s investigation.
“I didn’t think a DNA expert would delay the case,” Hamilton said.
Hamilton also put forth a motion for the commonwealth to provide grand jury minutes regarding Gaul. The attorney referenced a MassLive article published on Dec. 20 and argued that the public is now aware of an open investigation into Rivera-Baez and they shouldn’t be denied more information that was provided to the grand jury regarding Gaul.
The commonwealth objected to the release of the grand jury minutes and Ritter denied the motion.
Court records show Rivera-Baez has faced a slew of assault charges dating back to 1999. Just this year he was arrested four times in the past five months.
Most recently, Rivera-Baez was arrested and in police custody in an unrelated case on Dec. 7. He was released on personal recognizance, court documents show.
In an interview, Jehlon Rose’s father, Tehron Rose, told MassLive he’ll accept the outcome, either way, no matter who is sentenced.
“I just want to see one of them in jail,” he said."
The entire story can be read 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;
