Attorneys for the Harford man accused of murder want his trial to exclude traces of blood and hair that may link him to a killing in which he has not been charged.
Charles Eugene Burns will go on trial this month for the murder of 43-year-old Lillian Phelps of Elkton, but his lawyers are working to exclude evidence found under his car that links him to the death of Jennifer Blankenship ? one of three other bodies police believe to be connected.
“Until they can definitively say that that is Ms. Phelps? hair, then it has no relevance,” said Lloyd Merriam, a public defender representing Burns.
Blankenship, 23, was found dead in a Perryman field in September, not far from where two other bodies had been discovered since June. Burns, 35, is on trial only for Phelps? death, so both sides have agreed not to discuss other alleged victims in front of a jury.
The argument centered on photos showing a swatch of light-colored hair stuck beneath a bolt under Burns? Dodge Neon, near the right front wheel. Burns? lawyers argue the hair could belong to Blankenship and cannot be part of the case regarding Phelps, while prosecutors think it is evidence that Phelps died when Burns allegedly ran her over with the car.
Though Judge Stephen Waldron was only hearing pretrial motions, the argument involved grisly crime scene photos of Phelps? torn, decomposing scalp, photos of her battered skull and testimony from crime scene investigators and a medical examiner.
Prosecutor Lisa Marts said the bolt may have punched two holes in Phelps? skull as the car passed over her, picking up the lock of hair and spreading her blood near the rear of the car, where her DNA was later found.
Blankenship?s body showed no sign of head trauma, said State Police homicide investigator Sgt. Christina Becker, though Merriam showed that her DNA was found closer to the hair on the car than Phelps? was.
If the evidence were admitted, the defense would not be able to offer an explanation without bringing other alleged crimes to light during the trial, Merriam said.
Judge Waldron is expected to rule on the defense?s motion before the trial begins April 17.
