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He found Thomas' automated teller machine "ATM" card and demanded the personal identification number "pin number" for it. Thomas provided him with what she believed to be the correct code; it was a new card which had never been used. Thomas' assailant told her he would not kill her if she cooperated with him. He then drove to an ATM machine where he was unable to access the account with the number Thomas provided. He demanded the "correct" pin number despite Thomas' insistence that she did not know it. Thomas frantically formulated several number combinations, none of which worked.
Thomas' assailant then drove to a second ATM machine where he was again denied access to Thomas' account with the numbers she provided. Noticeably agitated, he taunted Thomas by repeatedly stating, "[i]t's a shame you can't even remember your own number.
At this stop, the assailant reminded Thomas that he had a gun and that he would shoot her and run if "she did anything stupid. The State introduced bank records showing an attempted card transaction at a third ATM machine. When the assailant returned, Thomas pleaded with him for her release stating, "[y]ou said you'd let me go if I cooperated. I've cooperated," to which he responded, "[w]ell, I'm going to get some sex before I let you go. There, Thomas' wrists were untied, she was pulled out of the car, the bag was removed from her head, and she was forced to walk in front of her attacker.
Once inside a room, Thomas was blindfolded, ordered to remove her clothes whereupon she was vaginally raped and forced to perform oral sex upon her assailant. Thomas testified that her assailant ejaculated during the sexual assault. Thomas was then ordered to get dressed, the blindfold was removed, and they left the motel room. Thomas was placed in her vehicle where she was again directed to place a plastic bag over her head. She was shoved out of the car, did not look back, and she ran to the nearest apartment in search of help. Thomas knocked on a door which Cindy Collins opened to find the disheveled Thomas.
Collins testified that once inside the apartment, a hysterical Thomas explained her torturous ordeal beginning with her abduction at gun point from North Star Mall's parking lot, her abductor's failed ATM attempts, and her rape. Shortly thereafter, Thomas was taken to the hospital where she was fully examined and evidence for her "rape kit" collected. DNA analysis of the collected samples from Thomas' rape kit did not exclude Patrick as a possible suspect. The State's evidence also included a bank surveillance videotape and bank records documenting three ATM withdrawal attempts on Thomas' accounts on February 5th between 6: Thomas tentatively identified Patrick as her attacker from a six-person photograph line-up, and positively identified Patrick and her car on the bank surveillance videotape.
At trial, Thomas identified Patrick as the man who abducted and raped her. Patrick's mother identified Patrick on a still photo produced from the surveillance tape during the police investigation, although she wavered in her statement at trial. DNA Test Results In his first point of error, Patrick argues that the trial court erred in admitting testimony regarding DNA tests results because the State failed to prove the evidence was reliable and relevant by clear and convincing evidence and, therefore, admissible. Under Rule of the Texas Rules of Evidence, scientific evidence is admissible if it "will assist the trier of fact to understand the evidence or to determine a fact in issue.
The goal of Rule is defeated if the evidence presented is unreliable. As explained by the Court of Criminal Appeals in Kelly, "'unreliable. In Kelly, the Court of Criminal Appeals identified three criteria for determining the reliability of proffered scientific evidence. Reliability is proven by showing: The proponent of the scientific evidence must prove the criteria by clear and convincing evidence. See Kelly, S. Factors which may bear upon a trial court's determination of the reliability of scientific evidence include, but are not limited to: The criteria and factors as set forth in Kelly apply to all proffered scientific evidence. A suppression hearing was conducted outside the presence of the jury to determine the admissibility of the DNA test results.
At a suppression hearing, the trial court is the sole judge of the weight and credibility of the evidence presented at the hearing, and as such, we review the evidence in the light most favorable to the trial court's ruling. We will not disturb the trial court's ruling absent a showing of an abuse of discretion. An abuse of discretion is found if the trial court's decision lies outside the zone within which reasonable minds disagree. Patrick argues the trial court abused its discretion in admitting the DNA evidence because the State did not prove the Kelly factors by clear and convincing evidence. Specifically, Patrick asserts that the State's expert offered little testimony regarding both the validity of the underlying theory of DNA analysis and the application techniques used in instant case.
Patrick points out that the State's expert did not reference literature supporting the underlying theory of DNA analysis or otherwise demonstrate the theory's validity. Patrick complains that the expert merely explained that he used analysis techniques which are endorsed by the Federal Bureau of Investigation "F. Patrick also notes that the expert did not discuss the potential rate of error involving the technique he used. Patrick further argues that the proper application of the analysis techniques was not established given that several items could not be tested due to degradation or insufficient quantities of DNA material.
Patrick also challenges whether the State's offered DNA expert has the requisite training and education to properly qualify him as a DNA expert. The following evidence was presented to the trial court: Hollyday's educational background includes Bachelor's Degrees in biochemistry and chemistry from Rice University, attendance at a DNA analysis training course at the F. Academy, and attendance at other instructional DNA analysis courses, workshops, and professional meetings.
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