Rape suspect's hearing continues
BY BILL BRAUN World Staff Writer
Thursday, September 14, 2006
8/27/08 at 4:09 AM
The defendant in a serial-rape investigation now faces 40 felony charges.
Testimony concluded Wednesday at a second preliminary hearing for Gary Lee Graham Jr. of Tulsa, a serial rape suspect who already faced trial on 35 felony counts.
Although one count was dismissed Wednesday, Graham now faces 40 felony charges.
The final two witnesses were former employees of a Utah genetics laboratory where DNA evaluations were conducted.
Those two witnesses testified about procedures regarding the acceptance and storage of evidence and the preparation of samples for DNA analysis.
During an Aug. 30 session of the protracted preliminary hearing, a judge heard testimony from Camilla Green, who conducted the DNA analysis at the Utah lab on the items submitted by Tulsa police.
Green said then that Graham's known DNA matches DNA profiles that prosecutors say came from two of the victims -- external genitalia swabs of a 2-year-old girl whom Graham is accused of molesting Oct. 1 and swabs taken from the chest of a girl whom he is accused of molesting in 2002, when she was 11.
Regarding events involving the older girl, a count of kidnapping was dismissed Wednesday at a prosecutor's request.
Defense attorney Kevin Adams said the statute of limitations expired before that count was filed.
Five felony counts -- two each of lewd molestation and first-degree burglary and one count of kidnapping -- remain at issue at this hearing, which is set to conclude Oct. 2.
Adams will have an opportunity to argue about the sufficiency of the evidence related to those five counts before District Judge Gordon McAllister determines whether to bind Graham over for trial on those matters.
At the June conclusion of Graham's first preliminary hearing, McAllister ordered him to stand trial on 35 felonies, including counts of rape, forcible sodomy, attempted rape, lewd molestation, rape by instrumentation, kidnapping, attempted kidnapping, sexual battery, first-degree burglary and possession of child pornography. Those charges involve nine girls and women ranging in age from 4 to 23.
At that hearing, McAllister heard testimony from seven witnesses who prosecutors Brandon Whitworth and Sean Malloy allege are Graham's victims. In two other assaults in which he is charged, child victims did not testify but their mothers did.
Graham, 37, also faces a misdemeanor "peeping Tom" count.
He is actively participating in his defense and maintains that he is innocent, Adams said.
"I think the case will all come down to the DNA," said Adams, who has said he will ask for court-approved funding so the defense can have independent DNA testing conducted.
Bill Braun 581-8455
Serial rape suspect Gary Lee Graham Jr. is led into court Aug.
30 for part of his preliminary hearing. The hearing continued