Public Defender Matt Huey disagreed, saying the evidence was weak and asking that the charges be dropped and, failing that, that Harris be released without bail.
Found in Harris’ room was a pair of white tennis shoes, a commemorative coin set and a screwdriver. Prosecutors said the kidnapper stole a coin set from the kidnap-ping victim, and was described as wearing white tennis shoes and using a screwdriver to intimidate the elderly woman. Huey maintained the coin set found in Harris’ room didn’t match the one reported stolen, adding it was no surprise Harris, an athlete and personal trainer, had white tennis shoes. As to the screwdriver, Huey said Harris shouldn’t be punished for keeping a simple tool in his room.
Los Angeles Superior Court Judge Katherine Mader didn’t comment on the evidence, but refused to release Harris without bail, citing the eyewitness accounts. Three people identified Harris in police lineups — the victim, the victim’s neighbor, who chased off the kid-napper with a handgun, and a nearby resident who saw the kidnapper flee.
Huey countered the eyewitnesses may have been mistaken because Harris and the new suspect have similar physical characteristics. What’s more, he said the victim identified two other suspects in the police lineups.
One thing, at least, is clear. The new DNA evidence challenges a key component of the case against Harris.
Police said the bloodhounds led them to Harris using the scent from a black stocking cap left by the kidnapper outside the victim’s home and the scent from a shirt left a block and a half away by the kidnapper as he fled. Both items led investigators to Harris. However, subsequent laboratory tests showed neither item contained Harris’ DNA.
The items instead matched a prior felon whose DNA was contained in a database controlled by the California Department of Justice. Authorities are expected to name the second suspect in court on Monday.
Originally published in the Santa Monica Daily Press print edition on December 11, 2004. Read the original PDF.