DNA testing shows links between Allison Nicole Davis and the man accused of killing her, a criminologist testified Thursday.
Pilar Shortsleeve, DNA supervisor at the Utah Crime Lab, testified clothing items brought forward by police contained blood stains and mucous producing nine matches with the DNA of Davis, 21, who was killed last Christmas in her Midvale apartment.Shortsleeve testified seven sites on the items of clothing were consistent with the DNA of Benjamin D. Pate, whom police have charged with strangling Davis and slitting her throat.
The chances that the tested DNA matching Davis' could come from another donor are one in 4 trillion for a Caucasian person and one in 41 trillion in a black person, Shortsleeve said.
The chances that the tested DNA matching Pate's could come from another donor are one in 1.7 billion for a Caucasian and one in 10 billion for a black person, Shortsleeve testified.
Davis was Caucasian. Pate, 28, is black.
Detective Doug McGrath testified he found the clothing -- including a pair of gloves, cotton sweatpants, jogging pants, a black T-shirt and purple sweatshirt -- dropped into a Dumpster near Davis' apartment at 8483 S. Eastbridge Road (190 West).
Stephanie Davis, Allison's sister, told police she earlier had seen Pate wearing a black T-shirt bearing the face of rapper Tupac Shakur on the front and the words "Stop the Violence" on the back -- like the one McGrath found in the Dumpster.
One of the DNA matches linked to Pate was on that shirt, Shortsleeve testified.
The pair of cotton pants, balled up inside the jogging pants, has the word "FORMCO" down one leg. Pate formerly worked for the company, according to police.
Along with the clothes in the Dumpster, McGrath said he also found a box for a Kelly doll nursery. Stephanie Davis told police Allison Davis' 5-year-old daughter received such a doll as a Christmas present.
At the opening of the proceedings Thursday, defense attorney Lynn Brown moved for a mistrial. He said the basis for the motion was that prosecutors were attempting to establish the fact Pate was enraged that his wages were being garnisheed for child-support payments as a motive for the killing.
But, Brown said, Pate willingly had signed a document agreeing his wages be garnished.
Prosecutor Kent Morgan argued the garnishing question was only one of many factors weighed in charging Pate with the killing.
Judge A. Lee Dever denied the motion, pointing out the defense earlier had downplayed the garnishing as evidence.
"It can't be irrelevant as admissible (evidence) one day and then highly relevant in motion to dismiss the next day," Dever said.