Lawyer for Dirkhising Murder Defendant Wants Bodily Fluids Test

July 7, 2008 - 7:02 PM

( - Attorneys for one of two homosexual men charged with the rape and murder of 13-year-old Jesse Dirkhising in Arkansas last fall want to have tests performed on bodily fluids gathered as evidence. A motion to that effect was made this week in Benton County Circuit Court in Bentonville, AR.

As yet, the judge's office has not issued a ruling on the bodily fluids motion. A supression hearing in the case is scheduled for January 27th. Lawyers for both the defense and prosecution continue to prepare their cases for a jury trial to begin on April 10th.

Wire service reports say that defense attorney Tim Buckley filed a motion on Tuesday asking the state medical examiner's office to save and preserve bodily fluids from the autopsy so an independent analysis can be conducted.

The defense also filed a motion asking for the postponement of the suppression hearing. Lawyers said that they needed to see copies of crime laboratory results and view evidence to decide how to form their arguments.

The attorneys for Davis Don Carpenter Jr also said on Tuesday that they want more time to prepare arguments against presenting evidence to a jury. Carpenter, 38, and Joshua Macave Brown, 22, are both charged with capital murder and six counts of rape in Jesse Dirkhising's death on September 26th, 1999.

Dirkhising was allegedly drugged, bound, gagged and raped repeatedly at the men's apartment in Rogers, AR. A coroner said the teenager suffocated because of the position in which he was placed.