Commonwealth v. Clark

INTRODUCTION

Defendant was charged with the murder of State Trooper Mark Charbonnier on September 2, 1994 in Kingston. Prior to trial, defendant moved to exclude evidence of DNA testing by the Commonwealth. I conducted a two and one-half day evidentiary hearing before trial on the subject and, just prior to the start of trial, DENIED the motion with a short statement of reasons.

After trial, defendant was convicted. Because the admission at trial of DNA evidence linking the defendant to certain evidence found at the scene1 may be an appellate issue, I now write to set forth in detail my…