Defence looks for faults with Sudbury police investigation of Sweeney murder

The defence in the Robert Steven Wright trial spent much of Wednesday questioning procedures the police forensic team followed when collecting evidence.

Wright is on trial for second-degree murder for the Jan. 27, 1998, death of Renee Sweeney, who was killed while working as a clerk at Adults Only Video in a Paris Street strip mall in Sudbury.

Under questioning by defence attorney Michael Lacy, former forensics officer Todd Zimmerman said preserving the crime scene in a homicide is vital.

Lacy asked whether a victim’s hands are usually covered with bags to ensure evidence from the hands isn’t contaminated.

“Yes, that is done,” Zimmerman replied.

Testimony later in the day confirmed that Sweeney’s hands were not placed in bags.

Lacy then showed a photo of the bathroom at the video store where blood was detected mixed with soap, and in streaks around the drain in the handwashing basin.

The blood was detected by spraying a compound called leuco malachite green (LMG), which reacts to bodily fluids.

“Were you asked to spray the soap dispenser with LMG?” Lacy asked Zimmerman.

Zimmerman responded he didn’t remember testing a dispenser.

“That’s not something I examined or seized,” he said.

Lacy then showed him a photo of the bathroom taken from a video still the day of the murder. It showed a soap dispenser to the right of the sink.

Zimmerman said he doesn’t remember the sink area looking that way.

Lacy replied that would mean someone moved evidence from the scene -- the soap dispenser, as well as a coffee cup and paper that was visible in the video still.

“Yes, I would agree with that,” Zimmerman said.

Lacy then asked about blood found on the deadbolt on the only exit door in the video store.

“If you committed the murder, then tried to lock the door, would that cause a reaction (from the LMG)?” he asked.

“It’s possible,” Zimmerman replied.

Lacy also had Zimmerman admit again he had erred when he concluded a bloody thumbprint on the store’s cashbox belonged to John Fetterly, who was arrested Feb. 10, 1998, and charged with Sweeney’s murder.

He was released two days later.

Zimmerman had already admitted to the court that he was premature in making the conclusion and quickly realized the print didn’t belong to Fetterly.

“Police can make mistakes and people can get arrested who aren’t guilty?” Lacy asked.

“Yes, that’s correct,” he replied.

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Next to testify Wednesday was Leo Thibeault, who was overseeing the forensic unit working the Sweeney investigation.

Thibeault said he put Rick Waugh in charge of actually collecting all the evidence.

A forensic biologist with the Centre of Forensic Sciences testified Friday that physical contact is the most likely way that Robert Steven Wright’s DNA was found on Renee Sweeney’s fingernails. Sweeney was murdered while working at Adults Only Video on Paris Street in Sudbury on Jan. 27, 1998. (Supplied)

“Any evidence that we noticed, he was in charge of picking it up and retrieving (it),” Thibeault said.

When they found something that could be evidence, the rule was “mark it, photograph it and seize it,” he added.

He described taking part in Sweeney’s post-mortem in North Bay the day after her murder.

Thibeault said a special unit was in charge of removing her remains from the video store and transporting them to North Bay. The body was placed in a special sealed container.

“I put the seals on the container,” he said to ensure no one could “destroy or change the evidence in any way.”

He described each stage of the autopsy and the way evidence was collected and placed into paper bags to prevent contamination.

He said Sweeney suffered a total of 27 wounds, two to her neck and the rest to her chest and hands.

Thibeault clipped fingernails on the left hand first and placed them in a container. Then he did the same with the right hand.

He said he wasn’t sure if he sealed the containers as he finished each hand, or if he waited and sealed both at the same time.

“But I would have sealed it and put it aside,” he said.

In his cross-examination, Lacy asked about the state of Sweeney’s hands.

“There was nothing at all covering her hands, correct?” he asked.

“Correct,” Thibeault replied.

Lacy then asked whether he put the fingernail clippings in separate bags for each finger, rather than putting all the nails from one hand in one bag, and all the nails from the other hand in a second bag.

Thibeault said he did not. Lacy then asked whether the evidence was “swabbed,” which refers to a method of treating evidence to help preserve DNA.

It’s a specialized cue tip that could be used to swab the inside and outside of the fingernails.

“Is that asking too much in a homicide investigation?” Lacy asked.

“No it’s not,” Thibeault said.

“But that wasn’t done?”

“No.”

The trial continues Thursday morning, where CTVNewsNorthernOntario.ca will continue with its full coverage.