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BRIGHAM CITY — The judge in the Glenn Howard Griffin murder trial has blocked a defense tactic that attempted to undermine DNA testing by claiming it contradicts scripture of The Church of Jesus Christ of Latter-day Saints.DNA evidence is key in the death penalty case against Griffin, charged with murdering Bradley Newell Perry in 1984.
The DNA results that police say linked Griffin’s blood to the crime scene led to his June 2005 arrest, 21 years after the slaying. His monthlong trial is scheduled to begin Oct. 11.
Defense attorneys had hoped to claim some DNA testing has established that American Indians descend from Asian or Sibe- rian ancestry.
The LDS Book of Mormon teaches early Americans’ ancestors are ancient tribes of Israel.
“Because orthodox members of The Church of Jesus Christ of Latter-day Saints claim to have a spiritual witness, or revelation, concerning the truthfulness and historicity of the Book of Mormon, (defendant) will argue, expressly or implied, that it is … DNA that must be wrong and, therefore, rejected,” prosecutors claimed in a motion to ban the tactic.
In his order issued Wednesday, 1st District Judge Ben Hadfield granted the prosecution motion, writing, “The line of questioning as outlined herein will not be allowed.”
The judge ruled the conflict between DNA results and “the Book of Mormon’s position on aboriginal Americans” is irrelevant under rules of evidence.
“Defendant’s cross-examination approach appears not to be a genuine challenge to either the scientific methods or techniques used in the DNA testing process, the results of the testing or the testimony of the state’s (DNA) expert,” he wrote.
“Rather, it appears to be an attempt to indirectly instill doubt by demonstrating, not that there is a rational basis for disbelieving the expert’s testimony about DNA testing, (but) that the testimony and results are inconsistent with the tenets of a religious text.”
The judge called such an approach “fundamentally at odds with the proper adjudication of guilt or innocence.”
He also called it “no different than seeking to cast doubt upon an issue or testimony in a case by appealing to jurors’ emotions or political views.”
The judge’s order prohibits any reference at trial to DNA/ Book of Mormon contradictions.