Delay of DNA tests questioned

Omaha police detectives took more than three years to run DNA tests on blood found on the pajama top of slain Omaha resident Pasinetta Fitzgerald.

A defense attorney called the delay “highly suspicious” in opening statements Tuesday of Patrick Bauldwin's first-degree murder trial.

Prosecutors, meanwhile, said the only suspicions in the case point directly to Bauldwin.

As the trial opened in Douglas County District Court Tuesday, Assistant Douglas County Public Defender Timothy Burns raised questions about the delay in testing after the February 2006 discovery of Fitzgerald's body.

The 40-year-old woman, who ran a day care and performed in several local theater productions, had been found dead in her house after what authorities described as a tumultuous relationship with Bauldwin, her former fiance. The diminutive woman — who stood just under 4 feet, 10 inches tall — had linear bruises on her neck, consistent with a strangulation. She also had bruises and scratches on her body.

The night of Fitzgerald's discovery, investigators spoke with Bauldwin and found scrapes on his hands, right ear, right forearm, forehead, upper chest and both knees.

Though authorities questioned him that night and long suspected him in her death, it took Omaha police more than three years to arrest Bauldwin. One critical test was performed just weeks before his June 2009 arrest — when authorities tested Fitzgerald's blood-soaked pajama top.

Police identified five areas of blood on the top. DNA tests on three came back as a match to Fitzgerald's DNA. One area, midchest, came back as a match to Bauldwin's DNA. A fifth area came back as a mixture of Bauldwin's and Fitzgerald's DNA.

Prosecutor Stephanie Shearer told jurors that investigators will testify to the reasons for the delay.

Shearer said the pajama top isn't the only evidence linking Bauldwin to the crime. Detectives also collected Bauldwin's blood-spotted jeans from the crime scene. Bauldwin's blood was found inside the jeans. Fitzgerald's blood was found on two areas along the outside of the jeans, authorities say.

Prosecutors also plan to play Bauldwin's five-hour statement to police.

Bauldwin has denied killing Fitzgerald. The 46-year-old Omaha man may take the stand in his own defense in the trial, which is expected to spill into next week.

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