GUILTY FL - Deborah Dalzell, 47, found raped and murdered, Sarasota, 28 March 1999 *Arrest*

DNA Solves
DNA Solves
DNA Solves
Found this today but wasn’t sure how to copy the tweets they have embedded in the article.

DNA experts testify in second day of the 1999 Sarasota cold case murder trial

By Daniela Hurtado | February 26, 2020 at 6:56 PM EST - Updated February 26 at 6:56 PM

Jurors in Sarasota County are listening to a first of its kind case involving DNA and a more than two-decade old cold case.

Luke Fleming is charged in the murder and sexual battery of Deborah Dalzell.

For years Deborah Dalzell’s 1999 murder was a mystery. No one knew who or why she was raped and murdered in her Sarasota County home.

In 2018, Luke Fleming was arrested after his DNA was linked to the case. In court FDLE crime analyst Mary Pacheco said she tested the evidence.

(There’s a tweet embedded here in the article.)

“For the DNA profile from the right thigh of Deborah Dalzell.. It’s greater than 700 billion times more likely to occur than if that DNA profile originated from Mr. Fleming than if it originated from an unrelated individual,” said FDLE senior crime analyst, Mary Pacheco.

And Flemings defense attorney had questions for Pacheco in regards to the decades old semen evidence.

“You said that there were two tubes in the package. Which you received... Correct? Correct. And there was no liquid in the tubes? That’s correct,” said criminal attorney Anne Borghetti.

Another analyst later testified that they dry out some liquid evidence to better preserve evidence that’s kept for a long time. That same analyst from a private lab tested the shirt that was found wrapped around Dalzell’s neck.

“Luke Fleming cannot be excluded as a contributor to this major Y DNA profile nor can any of his paternal relatives because again we’re dealing with male DNA which is passed down from a father to a son,” said DNA Labs International DNA analyst, Alicia Cadenas.

Prosecutors haven’t made mention yet to the jury as to why law enforcement suspected Fleming and got a DNA swab from his son.... Something detectives said in 2018 was because of new DNA technology and ancestry pages.

(There’s a tweet embedded here in the article.)

The trial is set to continue Thursday morning beginning at 8:45 a.m.
 
So.... @PayrollNerd - is the trial on going as they have these motions hearings? Or was the jury selection just on 2/24?? I'm confused...
74x46px-LL-59c83b81_question-marks.gif
The trial is ongoing because they’re reporting on it daily in the local news. I’m not sure how to interpret the online listings.
 
Fleming testified, looks like deliberations took about 2.5 hours (same link as above):

10:44 a.m. — Borghetti indicated that her client would like to take the stand in his defense. After she presents her opening statements, which she had reserved, she interviewed Fleming about the night of Dalzell’s death. Fleming says that he met Dalzell either at Swamp Bar or Applebees on Clark Road, the only bars that would serve him as he was underage. They connected because of her northeastern accent and went outside to smoke cigarettes.

Fleming said that the two flirted and went out to his car, a 1998 Chevrolet Celebrity, and had sex in the back seat. He said the meeting occurred after dinnertime, about 8 or 10 p.m. He said the semen found on Dalzell’s thigh was his.

“I had on shorts and a T-shirt, she had on shorts and a T-shirt,” Fleming testified. “At one point, after we started talking for a few minutes, we went outside. We were flirting, we started kissing and holding hands. At some time I led her to my car. We did have sex in the back seat. Afterwards we got out and smoked a cigarette.”

Fleming, who said he did not use a condom during sex with Dalzell, said he never saw Dalzell again.

Borghetti asked Fleming, “Did you kill her?”

He replied, “Absolutely not.”


Jackman questioned Fleming, who has heard all of the evidence presented in the trial, on his memory of the night, but he could not recall which bar he was at or exactly how busy it was.

Fleming’s recollection of the night he says he met Dalzell occurred before Dalzell’s sister, Peggy Thistle, said she spoke with her sister and declined a dinner invitation because she was tired and wanted to finish Thistle’s taxes. The defense rests its case.
 
News release from the Sarasota County Sheriff’s Office:

Man Convicted in 1999 Murder Sentenced to Life in Prison

Luke Fleming, the man charged in connection with the 1999 homicide of Deborah Dalzell, was today convicted of Murder and sentenced to life in prison.

Detectives arrested Fleming in September 2018 after DNA left behind at the nearly 20-year-old crime scene was utilized to create a suspect profile predicting the suspect’s ancestry, eye color, hair color, skin color, and more. By combining attributes of appearance, a composite was produced depicting what the suspect may have looked like at 25 years old. Detectives used this information to identify people who may have information helpful to the investigation, ultimately identifying the suspect as Fleming, who was 20 years old at the time and lived within walking distance of Deborah’s home. Detectives obtained a DNA sample which was analyzed and compared against the suspect’s DNA profile. The comparison provide a match to Luke Fleming.

A trial began Monday and came to an end Thursday after a short deliberation by the jury who found Fleming guilty of first degree Murder and Sexual Assault with a Weapon. Fleming received two life sentences in prison.

“What is most meaningful about today’s outcome is the justice it brings to Deborah’s family,” commented Sheriff Tom Knight. “After two decades of searching for answers, I hope this verdict brings them the peace and resolution they deserve. As for the DNA evidence used in this investigation, it speaks volumes about law enforcement capabilities in the modern world. Those criminals who have escaped the system might want to start looking over their shoulders. This technology will only grow in its efficiency and usefulness in solving crimes. Great work by all involved.”

The sheriff’s office extends its gratitude to the State Attorney’s Office, Parabon NanoLabs, DNA Labs International, Genetic Genealogy Consultants and the Federal Bureau of Investigation for their assistance in this investigation and subsequent conviction.
 
Thanks ALL for the updates!
Wondering if he still has those Case Management hearings in March? I see it is still on the court site clip that you posted @PayrollNerd . I'll put him there just in case it is still happening. And when you have time - maybe look again next week or so & see if they are still there. TIA!
 
I'll post this so I can shorten it up a bit, just in case he has the case management hearing on 3/17.

Update!

Thursday, February 27th:
*Trial continues (Day 3)-Verdict Reached! & Motions Hearing (Day 3) (@ 8:45am ET) – FL – Deborah Dalzell (47) (Mar. 28, 1999, Sarasota) – *Luke Edward Fleming (20 @ time of crime/39/now 40) arrested & charged (9/17/18) & arraigned (10/19/18) with 2nd degree murder (1st degree felony), sexual assault with weapon & sexual battery with great bodily harm (Life felony). Plead not guilty. $1.2M bond. DA will not seek DP.
New DNA testing: to determine ancestry & physical traits. Parabon Nanolabs “SnapShot”/GEDMatch.
Trial began on 2/24/20 with jury selection. Trial started on 2/25. 12 jurors & 2 alternates.

Court info from 1/30/20 thru 2/24/20 reference post #56 here:
FL - Deborah Dalzell, 47, found raped and murdered, Sarasota, 28 March 1999 *Arrest*

2/25/20 Tuesday Day 1 of Trial: The jury has been seated and the Assistant State Attorney Art Jackson has presented opening statements in what investigators say is a first of its kind case in the area. The defense waived their right to an opening statement. State witness: Peggy Thistle (Deborah's sister). Joel Seimer (co-worker). Sarasota County's Sheriff Tom Knight. Lead crime scene technician (no name given). Retired Sarasota Sheriffs Office detective sergeant Kevin Pingel. Deputy sergeant from SCSO (no name given). Surveillance video from 2018 being shown now of law enforcement officials getting DNA evidence from Fleming. Fleming’s former girlfriend (no name given). Trial continue on Wednesday, 2/26. Motions hearing continues on 2/26.
2/26/20 Wednesday Day 2: Former FDLE crime scene analyst (no name given). FDLE crime analyst Mary Pacheco (senior crime analyst for the biology section of FDLE). DNA Labs International DNA analyst, Alicia Cadenas. State rests their case. Trial is set to continue Thursday (2/27) morning beginning at 8:45 a.m. Judge Roberts is talking to Fleming right now. He’s telling him he can testify if he chooses too. Roberts says it’s Fleming’s decision and will have that discussion with him tomorrow without the jury present. Attorneys & Judge going on jury instructions.
2/27/20 Thursday Day 3: Defense witness: Luke Fleming. Defense rests. Closing arguments done. Jury instructions given. Jury gone for deliberations. The jury deliberated 2 ½ hours before returning with a verdict of guilty. Fleming was convicted of first-degree murder & sexual assault with a deadly weapon. Victim impact statements from several members of Dalzell’s family. Fleming was sentenced to two concurrent life sentences for murdering and raping Deborah.
 
Jury finds Luke Fleming guilty of 1999 Sarasota murder

SARASOTA — After testifying in his own murder trial, Luke Fleming couldn’t convince a jury he had a one-night stand with a 47-year-old Sarasota woman who was later found dead inside her home on Colony Meadows Lane in March 1999.

His defense attorney called no other witnesses and following a swift three-day trial, Fleming was found guilty of killing Deborah Dalzell.

......................................

I am so grateful that Deborah's case has been solved and justice has been served. For awhile there it seemed like her case has been relegated to years ago, nearly forgotten. I did not know her personally, but this is a local case, and good news indeed.

I am hoping that Lisa Zea's 1986 murder case is solved soon with genetic DNA.

RIP Deborah
 
Jury finds Luke Fleming guilty of 1999 Sarasota murder

SARASOTA — After testifying in his own murder trial, Luke Fleming couldn’t convince a jury he had a one-night stand with a 47-year-old Sarasota woman who was later found dead inside her home on Colony Meadows Lane in March 1999.

His defense attorney called no other witnesses and following a swift three-day trial, Fleming was found guilty of killing Deborah Dalzell.

......................................

I am so grateful that Deborah's case has been solved and justice has been served. For awhile there it seemed like her case has been relegated to years ago, nearly forgotten. I did not know her personally, but this is a local case, and good news indeed.

I am hoping that Lisa Zea's 1986 murder case is solved soon with genetic DNA.

RIP Deborah
Local to me as well. Happy to know he'll never get out and hurt another person. It would not surprise me to learn if his DNA shows up in any other unresolved cases. His rap sheet isn't too long but LE is definitely familiar with him. They apparently never had a need to collect DNA in any of the other charges.
 
Hi - anyone know what's going on with Fleming's appeal? He is appealing, and appeals briefs should have been filed by now, but looks like nothing much going on for quite a few months.
 
@PayrollNerd - I see your name as my "go to" person for this case. And I can't access the Sarasota County (any more) - could you see if there are an updates that I can put into my notes? Case #2018 CF14305 NC
 
I have no clue how i missed this case. There is so much that happens in Sarasota that i never hear about. Just crazy.
Had a shooting at our fair Saturday night... they arrested a 15 yr old today.

Niner


8/27/2020 211 APPEAL - RECEIPT RETURNED FROM ATTORNEY BORCHETTI 1
7/30/2020 210 ORDER EXTENSION OF TIME TO FILE BRIEF - APPEAL - 2D20-0768 1
6/29/2020 209 APPEAL - RECEIPT RETURNED FROM PUBLIC DEFENDER - 2D20-0768 1
6/15/2020 208 APPEAL - RECEIPT RETURNED FROM ATTORNEY GENERAL - 2D20-0768 1
6/9/2020 207 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - UNREDACTED TRIAL TRANSCRIPT - 2D20-0768 3
6/9/2020 206 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - UNREDACTED - J&S - 2D20-0768 6
6/8/2020 205 APPEAL - RECEIPT RETURNED FROM ATTORNEY GENERAL - 2D20-0768 1
6/8/2020 204 APPEAL - RECEIPT RETURNED FROM PUBLIC DEFENDER - 2D20-0768 1
5/29/2020 203 APPEAL - ORDER FOR UNREDACTED COPY OF RECORD - 2D20-0768 2
5/29/2020 202 APPEAL - RECEIPT RETURNED FROM PD - 2D20-0768 1
5/27/2020 201 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - FIRST SUPPLEMENTAL - 2D20-0768 3
5/26/2020 200 APPEAL - RECEIPT RETURNED FROM ATTORNEY GENERAL - 2D20-0768 1
5/26/2020 199 APPEAL - DESIGNATIONS - RECEIVED FROM COURT REPORTER - 2D20-768 2
5/26/2020 198 APPEAL - DESIGNATIONS 2
5/26/2020 197 APPEAL - DIRECTIONS TO CLERK 1
5/26/2020 196 APPEAL - TRANSCRIPTS 18
5/14/2020 195 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - SEALED / CONFIDENTIAL RECORD - 2D20-0768 3
5/14/2020 194 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - TRIAL TRANSCRIPT - 2D20-0768 3
5/14/2020 193 APPEAL NON-IMAGED EVIDENCE RECORD COVERSHEET & INDEX PREPARED AND FORWARDED TO APPELLATE PARTIES - CONFIDENTIAL - 2D20-0768 6
5/14/2020 192 APPEAL COVER SHEET & INDEX CREATED AND RECORD FORWARDED TO THE APPELLATE COURT - J&S REDACTED - 2D20-0768 6
5/12/2020 191 TRANSCRIPT - MASTER TRIAL INDEX - DUPLICATE FILING 3
5/12/2020 190 TRANSCRIPT - MASTER TRIAL INDEX 3
5/12/2020 189 TRANSCRIPT TRIAL - VOL 4 145
5/12/2020 188 TRANSCRIPT TRIAL - VOL 3 127
5/12/2020 187 TRANSCRIPT TRIAL - VOL 2 165
5/12/2020 186 TRANSCRIPT TRIAL - VOL 1 160
3/25/2020 185 ORDER EXTENSION OF TIME - APPEAL 1
3/25/2020 184 ACKNOWLEDGEMENT COURT REPORTER DESIGNATION OF APPEAL TRANSCRIPTS - 2D20-768 1
3/18/2020 183 ACTION: FORWARDED INDIGENCY APPLICATION TO 2ND DCA FOR REVIEW - 2D20-0768 0
3/18/2020 182 INDIGENCY CIRCUIT CASE APPROVED 1
3/18/2020 181 NOTICE OF APPEAL (COPY) 1
3/11/2020 180 ACTION: FORWARDED TO 2ND DCA - ORDER GRANTING MOTION TO WITH AND APPOINT PD FOR APPELLATE PURPOSES 2D20-0768 0
3/5/2020 179 ORDER GRANTING MOTION TO WITHDRAW AND MOTION TO APPOINT PUBLIC DEFENDER TO TAKE APPEAL 1
3/4/2020 178 RECEIPT - APPELLANT COUNSEL 1
3/3/2020 177 APPEAL - ORDER 1
3/3/2020 176 ACKNOWLEDGEMENT BY APPELLATE COURT OF NEW APPEAL CASE - 2D20-0768 1
3/3/2020 175 FORWARD NOTICE OF APPEAL TO APPELLATE COURT - AMENDED NOTICE OF APPEAL 0
3/3/2020 174 FEE LETTER FOR PREPARATION OF APPEAL 1
3/3/2020 173 APPEAL - NOTICE AMENDED 1
3/3/2020 172 FORWARD NOTICE OF APPEAL TO APPELLATE COURT - INCLUDING STATEMENT OF JUDICIAL ACTS 0
3/2/2020 171 APPEAL - JUDICIAL ACTS TO BE REVIEWED 2
3/2/2020 170 MOTION TO WITHDAW AND MOTION TO APPOINT PUBLIC DEFENDER TO TAKE APPEAL 2
3/2/2020 169 APPEAL - DIRECTIONS TO CLERK 2
3/2/2020 168 APPEAL - DESIGNATIONS TO THE COURT REPORTER 2
3/2/2020 167 APPEAL - NOTICE 1
2/28/2020 166 EVIDENCE RECORD - #44647 - DEFENDANT 2
2/28/2020 165 EVIDENCE RECORD - #44646 - PLAINTIFF / STATE 9
2/28/2020 164 UNIFORM COMMITMENT TO CUSTODY DEPT OF CORRECTIONS 1
 
There's some more dockets on the Florida 2nd District Court of Appeal Site (unfortunately you don't seem to be able to view docs):

09/28/2020 Initial Appellant Brief on Merits Clayton R. Kaeiser, Esq. 348120
09/30/2020 Notice of Appearance Jonathan P. Hurley, A.A.G. 160520
10/09/2020 Appellee Answer Brief Jonathan P. Hurley, A.A.G. 160520
03/10/2021 Affirmed - Per Curiam Affirmed


Florida District Courts of Appeal Online Docket


BBM.

Here in Florida, PCA stands for Per Curiam Affirmed, and it means that one of Florida’s intermediate District Courts of Appeal has affirmed the trial court’s decision without explanation. Instead, the opinion contains one word — “Affirmed” — and is listed as being the opinion of the entire panel per curiam, or by the Court.

So that’s what it means literally — what does it mean practically? If the District Court has issued a PCA, the appeal is most likely over.


Florida Appeals 101: What is a PCA? - The Florida Appellate Procedure Weblog by DPW Legal.
 

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