Advocates for former U.S. soldier convicted of attempted rape and murder of Army officer's son 37 years ago ask federal judge to order DNA testing to discredit what they say is weak evidence.
Advocates for a former U.S. soldier convicted of the attempted rape and murder of an Army officer's son 37 years ago are asking a federal judge to order DNA testing to discredit what they say is weak evidence presented at a court-martial that sent him to prison for life.
In their motion seeking DNA testing that was not available in the 1980s, lawyers say there's no direct evidence linking Hubbard to the death of Lt. Col. Howard Kusumoto's adopted son, whose bruised and partially nude body was found in a bunker at the base outside Honolulu. The Innocence Project is also asking for a hearing to determine what evidence the military has preserved in the case, and to move Hubbard to a federal detention center in Honolulu so the lawyers and students at Hawaii's only law school can communicate with him more easily.
Hubbard and Spindle were not friends and no one could testify they even knew each other, the motion said. The only evidence linking the two was the hair found in Hubbard's basket, the motion said, but the microscopic hair analysis has since been discredited and the analyst lost his job as a forensic serologist after it was reported he falsified numerous test results.
He later said he didn't remember his prior statement and denied knowing whether Spindle or Hubbard entered the bunker, the motion said.
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