PORTLAND, Maine — A two-day hearing concluded Friday for a Maine man convicted of killing a young girl in 1988 who is seeking a new trial now that new DNA testing technology is available.
Friday's hearing continued as both sides sifted through evidence offered at Dennis Dechaine's trial in 1989 that resulted in his murder conviction.
In his closing argument, defense attorney John Nale said there isn't enough DNA evidence to prove without doubt that Dechaine was involved in murder leading up to and after Cherry's death.
"The lack of DNA evidence, the lack of other trace evidence, lack of any evidence to show that the two were together," Nale said. "[Dechaine's] defense was, 'I was not there,' and there was no evidence to tie him to the victim or to the scene except circumstantial evidence."
Some DNA found on crime scene evidence has since been concluded to belong to an unknown male, something the defense also pointed to as a reason to doubt Dechaine was involved.
However, prosecutors sought to remind the judge about different protocols in the 1980s when evidence was tested for DNA, and that cross-contamination of other DNA could be possible throughout the years.
Hilary Hall, Sarah Cherry's younger sister, was just 8 years old when Cherry was killed. She was sitting in the courtroom for Friday's hearing. Hall said she believes the defense does not have a strong enough case to call for a new trial, given DNA would have significantly degraded since the crime took place nearly 40 years ago.
"This is the second time that [the defendant has] come forward with 'new DNA testing.' Technology is going to continue to get better, but the evidence is still old," Hall said. "I want my family to be remembered. I want her to be remembered. And I hope this is the end, I really do, because we don't want to keep doing this."
A final decision on whether Dechaine will be granted a new trial could take several weeks as the judge makes a decision and weighs everything shared during the hearing.
Correction: An earlier version of this story misspelled Hilary Hall's name.