Expert: ‘No-body’ Branford murder case still ‘strong’
By Evan Lips, New Haven Register, Conn. | |
McClatchy-Tribune Information Services |
According to police,
Despite Deveau's disappearance, police charged Malinka early last month with his murder. The 15-page arrest warrant weaves together accounts from a neighbor, a list of odd charges made to Deveau's
"It's an incredibly strong case for the prosecution," said
DiBiase said he's been interested in no-body cases ever since the 2006 trial, when he convinced a jury to convict the boyfriend of a woman whose body was never found with murder. DiBiase relied on forensics in that case. Police discovered a blood-soaked mattress in her bedroom. Despite not having samples of her DNA, DiBiase proved the blood was the victim's by using her mother's DNA. Mitochondrial DNA is passed down from mother to child.
Since 2006, DiBiase has spent time researching every no-body murder case in American history. He manages a website, www.nobodymurders.com, that includes a still-growing spreadsheet listing each case. DiBiase's research lists approximately 399 trials through
DiBiase received a copy of Malinka's arrest warrant this week.
"When I got your call, I thought you were talking to me about a weak case," he told the Register. "This one isn't weak."
The arrest warrant states that Deveau actually contacted police weeks before his disappearance alleging that Malinka was illegally using his debit card. Malinka, at the time, was living at
The officer who fielded Deveau's complaint never heard from him again. On
Deveau, 61 at the time, had a history of medical issues. Police said the last phone call made from Deveau's phone was on
The warrant states that they went next door and spoke to Malinka, who said the last time he saw Deveau was on
The neighbor also said that on
The neighbor called police
DiBiase, after reviewing the warrant, said he rates the probability of a no-body murder conviction as he would the strength of a 3-legged stool.
"The three strongest legs involve forensics, a confession to family and a confession to police," DiBiase said. "And in this case, you've got at least two strong legs -- and a possible motive."
The forensic aspect of Malinka's arrest warrant was first gleaned from a toothbrush.
According to the warrant, investigators plucked Deveau's toothbrush from his bathroom. The bloodstains on the items pulled from Malinka's
While executing the search warrant against Malinka, police discovered items inside his home that belonged to Deveau, including his prescription pills. Officers searching Malinka's
Police also note in the warrant that during the search of Malinka's home, he continued to refer to Deveau in the past tense.
Malinka was arrested
According to police, Malinka's probation officer also stated that he was due back in court for using heroin, a violation of his drug treatment status.
DiBiase said the motive aspect of the case comes down to comments Malinka allegedly made to his probation officer. According to the warrant, Malinka reportedly asked her if it would "be OK if he got a life insurance police with (Deveau)."
"You also have him trying to get the victim to sell him the property," DiBiase noted, referring to the part of the warrant discussing the deal Malinka had tried to arrange with Deveau.
The "family confession" aspect of the case is not as clear, DiBiase said.
"But then there's the false alibi he gave to police," he added.
According to the warrant, Malinka told police he was in
In another letter to his mother, he claims he never harmed Deveau and then added, "Ma, I needed an alibai (sic) for
Family members told police Malinka said he was at the family's campsite that day. On
When Malinka first was charged with burglarizing Deveau's home, police said he was not considered a suspect in the disappearance case. DiBiase said it is logical for police not to disclose such information to the media.
"He's already locked up and he's not going anywhere," DiBiase said about Malinka, referring to his incarceration status in late
It took until
"It should be noted that the same toothbrush was processed in a DNA profile and that toothbrush matched the DNA of blood found inside the trunk of
"The evidence speaks for itself," DiBiase said. "When I first read Malinka's affidavit, I noticed that right away."
The success rate of prosecuting no-body murder cases may be 88 percent nationally, but
The first case in state history in which an arrest was made prior to the discovery of a body occurred in
The Pittman case did not make DiBiase's list because a body was eventually found prior to trial.
There are five known cases in
--The first case, the infamous "woodchipper murder" conviction from 1989, saw
--After
--Investigators determined that the body of
--In 2002, a judge sentenced Luis "The Boatman" Castelare to 20 years in prison for killing his ex-girlfriend nearly a decade prior. Castelare was only charged with the murder after walking into a
--Lastly, prosecutors in
Malinka's bail was lowered slightly to
Malinka told Judge
Clifford agreed to set the total cash bail at
Malinka was represented in court by
Representatives with the public defender's office could not be reached for comment.
Call
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