Washington murder case dismissed after DNA evidence is lost

WASHNGTON — Days before a Washington murder trial was to begin, prosecutors decided the evidence they had against the defendant — who was in custody for more than five years — was not good enough, and the victim’s family still wants an explanation.

When John Pernell was shot to death on Nelson Place SE in July 2010, witnesses told police the retired protective service officer fought with one of four men trying to rob him and others. Pernell and his friends were setting up their barbecues for a traditional Fourth of July get-together when the men jumped a fence and announced a robbery.

The investigation went nowhere until 2019, when a witness told police they should look at a man named Kavon Young.

According to a document filed in D.C. Superior Court, police said DNA discovered under Pernell’s fingernails matched the DNA profile of Young. The probability the DNA did not belong to Young was one in 3.4 billion in the United States African American population.

But that DNA evidence — presented in court as a match in 2019 — suddenly became a mismatch two days before trial. Prosecutors at the U.S. Attorney’s Office, the defense attorneys and the private lab that did the original testing will not say why.

“It’s shameful. We have a right to know what happened,” said Pernell’s daughter, Yolanda Pernell-Vogelson.

Two days before the trial was set to begin, Pernell-Vogelson and her sister, Ayana Pernell, say they got a call from Michael Spence, the prosecutor in the case, who told them the initial calculations were wrong.

“To this day, [we] have not been given a full, understandable explanation as to why this has happened,” Ayana Pernell said. “I mean, we are essentially victims also.”

Court records show the private lab that did the testing, Bode Technology Group Inc., lost the evidence and it cannot be retested. The judge told the prosecution and defense that at trial, the jury would be told “the government’s labs and/or agencies negligently lost the DNA extract in this case” just before the trial was set to begin.

In an April 9 filing, prosecutors noted again the DNA “matched the defendant” “as reported by Bode Technology” — a result prosecutors relied upon for five-and-a-half years until deciding two days before trial it was unreliable.

Bode Technology group declined to comment. Young was released in April, and NBC Washington couldn’t reach the attorneys who have been representing him.

Pernell’s daughters said they wrote letters to all lawmakers in the city.

“We extend our condolences to Mr. Pernell’s family and friends, including his daughters,” Washington Deputy Mayor for Public Safety Lindsey Appiah said in a statement Wednesday. “I’ve contacted them regarding his case, and we are investigating the matter to see if there is anything additional the District can do to be of assistance to ensure justice.”