WICHITA, Kan. -- A Valley Center teen charged with capital murder in the shooting deaths of his adoptive parents withdrew his handwritten motions in court on Friday. Now a judge is considering whether to allow videotaping of DNA evidence testing.
Tony Bluml filed the motions a couple weeks ago, asking a judge to throw out statements he made to police during questioning. He said he was under the influence of narcotics. Bluml’s attorney on Friday withdrew those motions, but he asked for something else.
For the first time, Tony, his biological mother, Kisha Schaberg, and his two high school friends, Andrew Ellington and Braden Smith, appeared in person in Sedgwick County District Court, Schaberg dressed in street clothes, the others in jail jumpsuits.
The four are charged with capital murder in the deaths of Roger and Melissa Bluml last year.
In court, defense attorneys argued the testing of DNA evidence in the case be videotaped.
“We don’t think it's right to secret this stuff away and test it without someone looking over their shoulder and make sure they're following the protocols and procedures,” said defense attorney Jay Greeno.
Defense attorney Charlie O’Hara said, “In a case this serious, we believe it should be done to protect my client’s rights without any facts or legal reasons, just saying we want to do it.”
But the state argues against videotaping of evidence, even bringing the director of the Sedgwick County Forensic Science Center to the stand.
“Video taping really doesn't show anything. It just shows something from point a to point b,” said Director Tomothy Rohrig. “I want to look at the data the info the expert is basing conclusion on.”
Rohrig went on to say recording testing could cause contamination issues and put a burden on an already overloaded case list. The judge asked defense attorneys to find out from their experts which DNA testing they want taped, and then to come back to him in two weeks.