STATE OF KANSAS, Appellee, v. ROBERT E. GREY, Appellant.
COURT OF APPEALS OF KANSAS
2016 Kan. App. Unpub. LEXIS 227
March 25, 2016, Opinion Filed
A ten-year cold case from 1997 was reopened in 2007 when fingerprints from the case were matched after a database update. A woman was kidnapped and raped by an unknown assailant in 1997, and a sexual assault kit was done, and her car was processed for evidence where fingerprints were collected. When the fingerprints were run through the Kansas Bureau of Investigation’s (KBI) database, no matches were found.
The KBI database received an update in 2007, and the unknown prints from the car were matched to Robert Grey. After obtaining a search warrant for his DNA, it was found that it was a strong match to the assailant’s DNA. Grey was arrested, charged, and convicted of rape and sentenced to 300 months in prison. However, Grey appealed his case, and it was later reversed, and a second trial followed. In the second case, the fingerprints were subject to a motion to suppress because it was found that the two fingerprints were the same print that were lifted twice. The motion was denied as it was found to not be a deliberate or material omission.
Forensic Summary by Gina Gallucci