Appeals Court Denies More DNA Testing In 2012 Wenatchee Stabbing
The Washington Appeals Court will not allow new DNA testing for a now 52-year-old Wenatchee man convicted of killing his wife in 2012.
Sebastian Cortes Aguilar was convicted of first-degree murder and assault in the stabbing death of Ortencia Alejandre.
Cortes Aguilar claimed he acted in self-defense and asked for more DNA testing.
The Appeals Court determined further DNA testing would not uncover new information.
A three-judge panel, in an opinion released Thursday, said Cortes Aguilar failed to show the DNA testing initially performed was deficient.
The judges said he merely identified what other tests he wished to conduct, without explaining why the original testing was flawed or why the new tests would come up with meaningful new information.
The panel also said Cortes Aguilar failed to show the new testing would identify the perpetrator in the struggle.
They said the discovery of his blood at the crime scene would not prove self-defense.
The judges noted the jury already knew he had sustained lacerations at the crime scene when it convicted Mr. Cortes Aguilar.
After his arrest, Cortes Aguilar claimed he had killed Ms. Alejandre only after she had brandished the knife at him. He claimed that in the process of disarming Ms. Alejandre, he had suffered defensive wounds.
His daughter, who was 13 years old at the time, was injured in the struggle while trying to intervene.
The daughter testified against Cortes Aguilar at his trial. She said he had beaten Ms. Alejandre with a belt before retrieving a knife from the kitchen and resuming his attack.