DNA not on murder weapon, says expert in McMinn County rape, murder trial

Defense rests in McMinn rape, murder trial

Staff photo by Ben Benton / Joseph Wielzen, left, and his attorney Andrew Brown, discuss Wielzen's decision to waive his right to testify on his own behalf on Wednesday, Nov. 20, 2019, in McMinn County Criminal Court in Athens. Tenn.
Staff photo by Ben Benton / Joseph Wielzen, left, and his attorney Andrew Brown, discuss Wielzen's decision to waive his right to testify on his own behalf on Wednesday, Nov. 20, 2019, in McMinn County Criminal Court in Athens. Tenn.

ATHENS, Tenn. - The defense rested its case Wednesday morning after a DNA expert for the defense testified in the rape and murder trial of 19-year-old Joseph Wielzen that there is a high probability that the defendant's DNA was not on the handle of the baseball bat authorities identify as the murder weapon.

William Allan, of Cybergentics, a Pennsylvania company that produces DNA analysis software called TrueAllele, testified under direct examination by defense lawyer Andrew Brown that DNA analysis of the handle of the baseball bat didn't show any matches to Wielzen.

Wielzen, 17 at the time of the crime, is being tried as an adult in McMinn County Criminal Court on charges of first-degree murder and aggravated rape in the slaying of 18-year-old Kelsey N. Burnette in 2017. Wielzen is now 19.

After her disappearance on June 30, 2017, or July 1, 2017, Burnette's body was found July 4, 2017, stuffed into a garbage can in a wooded area in downtown Etowah, Tennessee. Wielzen was arrested in June 2018. A baseball bat recovered from the scene is believed to be the murder weapon.

Jury selection began Nov. 12 in the case, which is now in its second week of testimony, with more defense witnesses expected to take the stand Wednesday morning. The trial resumed Tuesday after jurors were allowed to rest Sunday and Monday after court action Saturday.

The state rested Tuesday after the testimony of two forensic experts while the defense called its first three witnesses late in the day.

A potential "surprise" defense witness who contacted lawyers on both sides overnight didn't materialize as an actual defense witness in the case.

Allan testified Wednesday morning that his DNA analysis was conducted on the handle of the bat and DNA profiles were drawn from the bat for comparison purposes.

Allan testified that DNA from an "unknown male" was present on the bat handle but it was not matched to any of the primary persons attending a party June 30, 2017, just prior to Burnette's slaying.

On cross examination by Assistant District Attorney Paul Moyle, Allan also testified that the lack of Wielzen's DNA on the bat handled didn't mean that he never touched the bat, but only that there was none of his DNA found on the handle. Allan didn't test the rest of the bat.

Following Allan's dismissal from the stand, the defense rested its case and Judge Sandra Donaghy began taking up the charge to the jury on the case.

Closing statements are expected to begin after 1 p.m. and the jury will begin deliberations afterward.

Contact Ben Benton at bbenton@timesfreepress.com or 423-757-6569. Follow him on Twitter @BenBenton or at www.facebook.com/benbenton1.

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