TOPEKA, Kan. (WIBW) - DNA testing will go forward on evidence in the death of a recent Seaman High School graduate.
Attorneys for 20-year-old Dustin Leftwich expressed concerns at a hearing Thursday that testing would consume the samples. But Judge Cheryl Rios Kingfisher ruled Friday the state can seek testing through the KBI, consuming samples if necessary to obtain reliable results. She also orders evidence be reswabbed if possible so the defense can conduct its own independent analysis. If it cannot be reswabbed, the judge ruled the tests should be done incrementally, so long as it did not jeopardize results.
Rios Kingfisher did grant a defense request to have its own expert observe the testing.
Leftwich has a preliminary hearing set for September 6th, but prosecutors say that may be delayed until next year while awaiting the DNA results.
Leftwich is charged with premeditated first degree murder and aggravated kidnapping in the May 25th death of 18-year-old Brenna Morgart.