Appeals Court: No Expert, No Foul In Cold Case Murder Trial

DETROIT (AP) - A murder conviction that was based on DNA will stand, even if the man accused of the crime wasn't allowed to hire a DNA expert.

Johnny Ray Kennedy asked the state appeals court to overturn his conviction, partly because Wayne County Judge Craig Strong had refused to appoint an expert at public expense who could help the defense challenge evidence.

In a 2-1 decision, the appeals court this week said the trial judge didn't abuse his discretion.

DNA was critical to the case. Kennedy was charged with murder 20 years after the crime.

Judge Cynthia Diane Stephens disagreed with her colleagues on the appeals court. She noted that prosecutors had two experts who could talk to jurors about DNA but Kennedy had none. The 60-year-old is serving a life sentence.