Jurors get DNA evidence in Ferger case

Testimony in Gary Cannon's trial focuses on forensic evidence taken from the slain 9-year-old.

DADE CITY - The science is complicated. The numbers astronomical.

What are the odds DNA taken from hairs found on the body of a sexually assaulted, slain 9-year-old girl eight years ago came from Gary Steven Cannon?

"The evidence is 2.9-billion times more likely that the defendant is a contributor," said statistician Christopher Basten, "than if it were a random person from the population."

Jurors fidgeted. Bit their nails. Rocked back and forth. One stifled a yawn. Friday saw the most technical, the most arcane, the most challenging day of testimony in Cannon's first-degree murder trial.

It was also the strongest evidence yet: physical, scientific evidence the state says connects Cannon to Sharra Ferger's death.

On Thursday a former cellmate testified that Cannon shared explicit details of how he and Gary Elishi Cochran raped and murdered the victim Oct. 3, 1997. Cannon, 25, faces life in prison. Cochran, 39, faces a December trial. He could be put to death if convicted.

The jury heard from a host of experts as Executive Assistant State Attorney Doug Crow guided it through the forensic evidence against Cannon.

First the jury was told how DNA evidence is recovered, cataloged and identified, how the science has improved since 1997. Then jurors were tutored on how that genetic material was linked to Cannon.

Finally, Basten, a senior statistician at North Carolina State University, discussed population genetics and frequency, which he used to calculate the odds that DNA could be from someone other than Cannon.

Concepts so vast start with the microscopic: genetic material recovered from the roots of six hairs found on the victim's buttocks.

Florida Department of Law Enforcement crime lab analyst supervisor Melissa Suddeth testified that they found genetic markers consistent with the victim and the accused.

Hairs A-1 and A-6 belonged to Cannon but had Sharra's DNA on the outside. Hair A-2 belonged to the victim. Hairs A-3 and A-5 belonged to the accused. Hair A-4 was inconclusive.

Defense attorney Bjorn Brunvand floated a theory: "Isn't it true that one potential concern when you're doing this type of testing is that one sample might somehow get mixed into with another and that the samples could become contaminated?"

"That is a possibility," Suddeth said. "However, I would not consider that to be highly likely due to the quality control measures we take at the laboratory."

The testing of other hairs recovered from the crime scene, from the victim's body, clothes and home were all discussed. The defense contends Cannon's hairs could have come from the Ferger house, where he briefly stayed months before Sharra's death, using the sofa and blanket the girl used.

The prosecution attacked that theory, having experts testify that none of the hairs found on Sharra's clothes, sofa or blanket came from Cannon.

The defense then went after the statistical evidence, noting that the FBI database Basten used includes the genetic information of only 10,000 subjects.

"Doctor, don't all of these numbers depend on the original data being accurate, yes?" Brunvand asked. Basten said the database is standard in his field, and that he consulted other databases, too.

In the morning session, the state called another of Cannon's former fellow inmates, Lewis Moores II. He testified that Cannon said in 2001 that Cochran "coaxed" the victim out of the house, first raped her and hid the knife under an unknown foldup deck. Then came an incident while Moores and Cannon watched the "My Teen Daughter Dresses Too Sexy" episode of the Maury Povich Show in 2001:

"(Cannon said) he had sex with a little girl."

The witness added that after Cannon's 2001 indictment in Sharra's killing, Cannon returned to the Pasco County jail in tears.

"I'm dead," Moores said Cannon told him.

The defense had Moores admit to his 36 felony convictions and that he faces charges even now.

At day's end, Circuit Judge Lynn Tepper turned to Cannon, who next week faces a monumental choice.

"In the end, ultimately, the decision is yours if you want to testify," the judge told the defendant. "You have two fine, experienced lawyers who can tell you if you should or shouldn't testify. But all they can do is give you advice. They cannot make you take the stand and they cannot make you not take the stand.

"The choice is yours. Do you understand, sir?"

"Yes ma'am," Cannon said.

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