An attorney for a South Dakota man convicted of rape and kidnapping has asked the state Supreme Court to grant his client a new trial because he was not allowed to question one of the experts who analyzed DNA evidence used against him.
Gabriel Medicine Eagle Jr. was convicted in 2011 and sentenced to life in prison after advances in DNA technology prompted the state to charge him with assaulting a 15-year-old girl in 2000.
Medicine Eagle's lawyer, Paul Jensen of Winner, says the trial judge also improperly admitted evidence that Medicine Eagle had later allegedly assaulted another girl.
Assistant Attorney General Kirsten Jasper says Medicine Eagle was able to question relevant witnesses. She says evidence of the second assault was properly admitted to show a common scheme or plan.
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