Federal prosecutors may be facing a significant evidentiary challenge in the murder case against Timothy Hudson, the teenager accused of raping and killing his stepsister, Anna Kepner, aboard a family cruise ship.
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Defense: FBI doesn't have DNA evidence linking stepbrother to Anna Kepner's murder, asphyxiation
Federal prosecutors may be facing a significant evidentiary challenge in the murder case against Timothy Hudson, the teenager accused of raping and killing his stepsister, Anna Kepner, aboard a family cruise ship.
Newly unsealed court transcripts reveal questions about whether investigators collected or analyzed DNA evidence that could directly identify who strangled Kepner, whose cause of death was ruled asphyxiation.
According to court transcripts from a hearing last week, Hudson's defense team focused heavily on the forensic evidence surrounding Kepner's death.
During cross-examination, defense attorneys questioned the FBI's lead case agent about whether investigators attempted to recover DNA from injuries on Kepner's neck.
Defense: "The proffer described marks and bruises to [Anna's] neck. Was any attempt ever made to lift DNA from areas of her body to indicate who may have strangled her?"
FBI Agent: "I'm not sure. Of that I'm not sure, no."
Defense attorneys then pressed the agent on whether he would have known if such testing had been performed.
Defense: "Again, you're the case agent. You would have been privy to that information if it in fact existed?"
FBI Agent: "Yeah, I would say so."
The defense also questioned whether the medical examiner could determine if the person who allegedly sexually assaulted Kepner was the same person responsible for her death.
Defense: "Was the assistant medical examiner able to determine whether the same person who was involved in the intercourse with Anna was the person who killed her?"
FBI Agent: "I don't think they made that determination."
The apparent lack of direct DNA evidence connecting Hudson to the act of strangulation could become a key issue at trial.
Defense attorneys are expected to argue that prosecutors cannot conclusively prove Hudson was the person who killed Kepner, even if they present evidence tying him to other aspects of the case.