The Telegram (St. John's)

DNA was match to Stephen Hopkins, court hears

Defendant objects to court questionin­g DNA expert’s qualificat­ions, saying, ‘I think the evidence speaks for itself’

- TARA BRADBURY tara.bradbury@thetelegra­m.com @tara_bradbury

Stephen Hopkins didn’t make another attempt to plead guilty when his trial resumed in St. John’s Tuesday, May 10, but he did attempt to stop the court from challengin­g a forensic DNA expert on her qualificat­ions.

Prosecutor Jennifer Standen had called the DNA analyst to testify about the results of swabs collected during a sexual assault exam undergone by a 17-year-old girl after she reported being attacked in her own home in September 2020.

Hopkins is charged with sexual assault, break and entry, forcible confinemen­t, uttering threats and breaching a court order in connection with the attack and has pleaded not guilty, choosing — despite repeated discourage­ment from the court — to represent himself at trial, which began a week ago.

The teenager testified via video from another room in the courthouse that she had been sitting on the front step of her family home one morning when Hopkins walked by and asked her for a glass of water. When she returned with the water, he pushed her back inside the house, pulled off her clothes and carried her over his shoulder to a bedroom, where he sexually assaulted her and threatened to burn the house down if she told anyone, she said. Hopkins did not cross-examine the complainan­t himself: lawyer Robert Roach was appointed by the court to do it on his behalf.

The DNA analyst, who testified by video from Ottawa, indicated the national forensic lab had received several swabs from the Royal Newfoundla­nd Constabula­ry related to the investigat­ion. A swab from inside a drinking glass seized from the complainan­t’s home provided genetic material that was too weak to test, she explained, while a swab from the outside of the glass did not contain enough DNA for analysis. A swab identified as having been taken from Hopkins’ hand contained the DNA profiles of two people, but both were too weak for testing.

A swab taken by a sexual assault examinatio­n nurse who met with the complainan­t after the attack was also found to contain DNA from two sources, the expert testified: one of them was the teenager herself and the other was too weak to compare, but enough to identify as a male. She sent the sample for further testing.

While the expert did not testify about the results of the more detailed forensic analysis, a report by her colleague, called later to testify, indicated it had proved a match for Hopkins. The probabilit­y rate of the sample coming from someone else in the population was one in 9,742, the report indicated.

Hopkins laughed aloud when the expert explained her use of a statistica­l calculatio­n to determine probabilit­y rates of DNA profile matches, causing Newfoundla­nd and Labrador Justice Donald Burrage to tell him to stop.

On cross-examinatio­n, Hopkins focused on testing methods and limits, as well as the process by which the lab chooses which exhibits to test. He asked the expert if there had been any indication of improper protocol at any point in the swab collection and analysis process; she said no.

When lawyer John Brooks, — appointed by the court as amicus curiae, providing informatio­n and impartial advice to Hopkins on issues of law as needed — questioned the expert on her qualificat­ions, Hopkins interjecte­d.

“Objection,” he said. “Mr. Brooks is pandering. I think we’ve establishe­d the witness is well-qualified.”

“You don’t object to her qualificat­ions as a DNA specialist?” the judge asked.

“I think they’ve been establishe­d at this point,” Hopkins replied. “I think the evidence speaks for itself.”

Hopkins’ self-representa­tion so far at trial has been marked by lengthy and complex lines of questionin­g, some with no immediatel­y apparent relevance to the case, often causing witnesses and the court some confusion. A registered sexual offender, he has repeatedly suggested RNC investigat­ors conspired against him based on his previous charges, though he has not yet provided any details.

Last week, Hopkins told the court he wanted to change his pleas to guilty, despite the Crown’s evidence having “no merit,” so Burrage could order an inquiry into what Hopkins alleged was police misconduct during the investigat­ion that led to his charges.

Burrage told him that he couldn’t accept his guilty pleas in light of those comments.

“Guilty pleas mean acceptance of each and every element of the offences and must be given freely and voluntaril­y and with no motivation but acceptance of the facts,” the judge explained.

“I’m not satisfied that you fully comprehend what that entails,” the judge said, postponing the trial to allow Hopkins time to chat with the amicus.

Hopkins indicated he wasn’t willing to speak with Brooks and asked for him to be dismissed from the role. During a break in proceeding­s Tuesday, Hopkins told Brooks, “I’m sorry if I offended you last week.”

 ?? TARA BRADBURY • THE TELEGRAM ?? Stephen Hopkins, who is representi­ng himself at trial on charges of sexual assault, forcible confinemen­t, uttering threats and breaching a court order related to an attack on a teenager in her own home in 2020, was granted permission May 10 to move from the prisoner dock to defence counsel’s seating while he cross-examined the Crown’s witnesses, experts in forensic DNA analysis.
TARA BRADBURY • THE TELEGRAM Stephen Hopkins, who is representi­ng himself at trial on charges of sexual assault, forcible confinemen­t, uttering threats and breaching a court order related to an attack on a teenager in her own home in 2020, was granted permission May 10 to move from the prisoner dock to defence counsel’s seating while he cross-examined the Crown’s witnesses, experts in forensic DNA analysis.

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