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3:57 a.m. • 5-23-12

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Ex-SBI analyst's credibility again attacked


Duane Deaver
Duane Deaver
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A lawyer for Durham novelist and one-time mayoral candidate Mike Peterson resumed his attack Tuesday on the competency of a key prosecution witness in Peterson's 2003 murder trial.

Peterson was convicted of first-degree murder in the Dec. 9, 2001, beating death of his wife. Kathleen Peterson was found dead in a pool of blood at the bottom of a staircase in the couple's upscale Durham home.

He is seeking a new trial, arguing that former State Bureau of Investigation analyst Duane Deaver provided misleading testimony about blood evidence.

Defense attorney David Rudolf spent much of last week trying to discredit Deaver, whom the SBI fired in January. An agency official said Deaver was known to be biased in favor of prosecutors, and blood evidence experts said the tests he conducted in the Peterson case were flawed.

On Tuesday, another blood evidence expert questioned Deaver's expertise and his calculations.

Thomas Bevel, president of Bevel, Gardner & Associates, an Oklahoma-based forensic science consulting company, noted that Deaver hasn't taken any professional training courses in more than 20 years and doesn't belong to any professional organizations, which would provide some peer review of his work.

Deaver's work in the Peterson case was "not scientifically sound," Bevel testified, saying Deaver didn't document details of blood spatter found in the stairwell properly and used incorrect measurements.

At one point in the hearing, Bevel even banged his head against a wall in the courtroom to demonstrate how Kathleen Peterson could have been injured other than being killed.

Durham County District Attorney Tracey Cline challenged Bevel's conclusions, saying he hasn't reviewed some of the evidence from the trial.

"Could you give a conclusion as to whether (Deaver) was right or wrong?" Cline asked him.

Bevel never answered the question directly.

"There are numerous areas here where I disagree," he said.

Ronald Guerette, a Charlotte private investigator who reviewed all of Deaver's case files at the SBI, said Deaver rarely conducted forensic experiments on blood evidence and hadn't visited a crime scene in more than four years before going to the Peterson home.

Cline is expected to present witnesses Wednesday to back up her case that there was nothing wrong with Deaver's testimony and that Peterson shouldn't receive a new trial.

RELATED TOPICS: Durham County, State Bureau of Investigation, Durham


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stop pointing DEAVER!!!!!! Bring the exdirector and the other people behind, Deaver is not the only guilty!!!!!!!!

What a shame that this murderer is going to get a "do-over" at NC taxpayer's expense because of 1 man's flawed conclusions in the original trial!!!

Let this man go--the law is corrupt, not the accused.

clintoflannagan: how about newly discovered evidence that has come to light since the Peterson trial such as Deaver falsifying evidence, preparing fraudulent lab reports, lieing in court as to his credentials, training and experience. Maybe Peterson killed his wife, maybe not. But whichever, he is entitled to a fair trial. Peterson should be granted a new trial, and the state of NC should sue Deaver for the costs of both trials.

Lets get this stuff over with and put him back on trial with proper evidence presented in a truthful manner. I think it will come back the same way. Sure it will cost the state money but when it comes time to be outraged about this, the blame should be placed on Deaver. Until the light was shed on him and his practices and methods, Peterson's appeals had all been denied. But for the actions of Deaver, we would not be here right now.

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