[B]ENNINGTON — Challenges to DNA evidence in the Timothy Butler murder case are likely, but hearings on that topic are not expected to delay his March 2019 trial date.
Butler, 32, is charged in the January 2017 stabbing death of 81-year-old Helen Jones in her home on Buck Hill Road in Arlington. He pleaded not guilty to felony counts of first degree murder and burglary into an occupied dwelling armed with a dangerous or deadly weapon.
The death touched off an intense investigation, with detectives from the Major Crime Unit of Vermont State Police and other VSP personnel from around the state participating. Butler, who was arrested March 8, 2017, has been held since his arraignment.
The Arlington man’s attorney said during a status conference Wednesday in Bennington Superior Court Criminal Division that a report on the DNA evidence from a defense expert is expected soon.
“I think we are on track here, I think it is moving well on our end,” said defense attorney Brian Marsicovetere, of the Office of the Defender General, who attended the conference via telephone.
He said a defense expert “is in the process of finalizing a report that we expect to have soon,” and that a number of depositions related to the DNA evidence and other aspects of the case are scheduled in November and early December.
That would leave time in January and February for any necessary follow-up hearings, Marsicovetere said.
“I will alert the court now,” he added, “that I do believe we are going to be looking at some issues relative to the DNA evidence, and so those will be outlined in our expert’s report, which we will certainly share with the state.”
State’s Attorney Erica Marthage also told Judge William Cohen that she believes the current trial schedule appears feasible.
“When we get the defense report as to DNA, we will obviously address any motion that are filed,” she said.
Marthage said following the conference that a state laboratory, an FBI lab and a private lab have been involved in the testing of DNA material allegedly related to Butler. One test was observed by experts from both the defense and prosecution, she said.
The primary focus, Marthage said, is on DNA obtained at the Jones residence, where the victim lived alone and her body was discovered on Jan. 4, 2017.
Police said Jones was found on her back in the ground-level hallway of the home with multiple stab wounds to her torso and her right hand. They said entry apparently was gained after a window in the main door was broken.
After his arrest, investigators said they began to focus more on Butler after receiving an anonymous tip on Feb. 25, 2017, that Butler told someone he had killed an elderly woman and was afraid that “DNA would prove him guilty.”
According to a police affidavit filed with the court, Butler told police in an interview Jan. 6, 2017, that he used to mow Jones’ lawn, but had not done so for several years. He also said he was at Jones’ home a couple weeks prior when he and a relative stopped to ask if she needed work done.
In addition, a detective returned to Butler’s residence on North Road in Sunderland about six times over several weeks to collect a DNA sample. According to the affidavit, Butler never contacted the detective.
Investigators were later granted a wire warrant and recorded conversations between Butler and a woman who knew him. He was arrested shortly afterward.
The trial had been tentatively scheduled for August 2018, but delays related to the processing of enormous amounts of discovery material produced during the intense investigation and providing copies to the defense led to a revised trial schedule. One package of investigation materials turned over to the defense took up about 100 gigabytes in digital form, prosecutors said.
If convicted, Butler could face a prison term of up to 35 years to life.
The trial is expected to run for eight days.