By Brian Lazenby
Staff Writer
Hamilton County Criminal Court Judge Don Poole said today he will rule later what issues will be at the center of Paul William Ware's petition for a new trial.
Mr. Ware, 38, was convicted in 1996 and sentenced to life without the possibility of parole for the rape and murder of 4-year-old Lindsey Green in 1994.
Mr. Ware's attorney, Jerry Tidwell, told Judge Poole that there are several issues that deserve re-examining, including mitochondrial DNA testing, which was used to link a hair found in the victim's throat to Mr. Ware.
Mr. Ware's case was the first time mitochondrial DNA testing, or non-nuclear DNA testing, was used in a criminal court in the U.S.
Executive Assistant District Attorney Neal Pinkston said the DNA issue, as well as others raised by the defense, already have been ruled on by the appellate court or the initial trial court.
Other issues being questioned include evidence that another man may have been involved and another hair from the victim that never was tested, officials said.
Mr. Ware is scheduled for a hearing Dec. 10, when Mr. Tidwell will argue for a new trial. Judge Poole is expected to issue his ruling before then.
E-mail Brian Lazenby at blazenby@timesfreepress.com
For complete details, see tomorrow's Chattanooga Times Free Press.
