Judge denies motion to dismiss some sex-assault charges against Goudeau - East Valley Tribune: Phoenix & The Valley Of The Sun

Judge denies motion to dismiss some sex-assault charges against Goudeau

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Posted: Saturday, June 9, 2007 6:46 am | Updated: 6:35 pm, Fri Oct 7, 2011.

A judge on Friday denied a defense motion asking him to dismiss a set of sexual assault charges against a man who is a suspect in a series of killings that spread terror across the Valley for nearly a year.

Read more crime news in Cop Shop Blog

Maricopa County Superior Court Judge Andrew Klein said there was no evidence of bad faith on the part of the prosecution, the police or the crime lab that analyzed DNA evidence in the case of Mark Goudeau, the only suspect in the Valley’s so-called “Baseline Killer” case.

Klein said showing “bad faith” was necessary to get the charges dismissed.

Goudeau’s lawyer, Corwin Townsend, had argued earlier Friday that an inability to retest DNA evidence violated his client’s fair trial rights.

The DNA is key evidence in a 20-count sexual assault case stemming from a September 2005 attack on two sisters at a Phoenix park.

Goudeau, 42, of Phoenix was arrested last year in the attacks, which were already part of the police’s Baseline Killer investigation.

He was later charged in a separate indictment with nine counts of first-degree murder and various other charges stemming from other attacks police attributed to the Baseline Killer, so named because of the street where some of the earliest crimes were committed.

Goudeau has pleaded not guilty to all the charges. He is scheduled to go on trial next month in the sexual assault case. The case including the murder charges is being prosecuted separately.

“We were hoping for a different result, obviously, but we just move forward from here,” Townsend said after Friday’s ruling.

Wendy Carr, Goudeau’s wife, said, “It blows me away how many innocent people that are probably in prison because of prosecutors like these.”

Prosecutor William Clayton declined comment on the ruling.

Goudeau was linked to the case of the two sisters by a DNA analysis of material found on the left breast of one of the victims, according to court documents.

Townsend said he wanted to independently check that claim and got Klein to order prosecutors to hand over any remaining biological evidence in the case.

He filed the motion to dismiss after he said he found out that investigators had used all of the key biological samples in their analyses, leaving none for him.

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