Judge denies DNA evidence motion in Marks case
BELTON — A state district judge on Thursday denied a request by attorneys for capital murder suspect Cedric Marks to make sure DNA evidence from a Jan. 3, 2019, double-homicide case is available to them.
Judge Fancy Jezek of the 426th District Court ruled on the motion at a Thursday hearing and said the Texas Department of Public Safety crime lab in Waco must provide notes and test results to Marks’ defense attorneys.
Marks, of Killeen, was indicted as a suspect in the Jan. 3 violent homicides of his ex-girlfriend, Jenna Scott, 28, and her friend, Michael Swearingin, 32, both Temple residents.
Some DNA evidence will be used up before the defense team’s experts can test it, defense attorney Michael White of Temple disclosed in a Feb. 6 pretrial hearing.
Two options were suggested Thursday in a motion by Robert Cowie, a state-appointed defense attorney, which included live observation at the DPS laboratory in Waco or video monitoring the processes used to get the DNA and identify it.
Of particular concern was a small green towel with seven small stains on it. The belief is that it would be completely consumed by the testing, Bell County Assistant District Attorney Michael Waldman pointed out.
Brent Watson, a DPS crime lab DNA superintendent, testified that letting other people in the crime lab would cause safety risks, biological or chemical hazards and contamination issues.
Marks, charged with capital murder of multiple people, is represented by White, Cowie, and Alexander Calhoun. Cowie and Calhoun work for the Regional Public Defenders for Capital Cases office.
Marks is also charged with tampering with evidence, burglary of a habitation with intent of another felony and several misdemeanor cases — all related to Scott.
Marks’ girlfriend Maya Maxwell is also charged in the case.
The prosecution team consists of Bell County Assistant District Attorneys Michael Waldman and Cristin Lane. District Attorney Henry Garza was in court Thursday, seated Waldman and Lane.
The next hearing in the case is scheduled April 6.