Is there dna in the criminal case of michael terpening?
One of the victims, in the DHS Report says of Mike Terpening, "He said the Licensee Designee (Michael Terpening) cornered him in the pantry and pulled down his pants and tried to suck his penis. Resident A said the Licensee Designee then began to masturbate and as Resident A left the pantry he saw the Licensee Designee �come� on the pantry floor."
An interesting, possible, nexus is Rodney's recant (see video lower right) comment about another resident seeing Mr. Terpening and his wife having sex in the same building, not their home. Rodney also states in the recant he is, "aware" that his own DNA may have been present and found as a result of the police investigation.
Rodney makes a comment, in the video, suggesting Michael Terpening and his wife had sex in one of the buildings where the sexual assault assaults are alleged to have occurred.
The statement Rodney makes about the Terpenings having sex, is a problem for the defense. First, under Michigan law, Mrs. Terpening does not have to testify against her husband. If Mrs. Terpening wants to testify she had sex in the building, the prosecution gets to ask their own questions at trial. Given Mrs. Terpening's refusal to take a lie detector test in the family court proceedings, one wonder if she would be allowed to testify.
Second, Rodney's references to another alleged victim seeing the Terpenings having sex is hearsay.
For Michael Terpening, the recant video broadcasts to the prosecution a defense strategy easily taken down in the prosecution case in chief by asking the witness whether or not he ever saw anyone having sex in the building. The defense gets their cross examination, but there is no place to expand the questioning and the prosecutor can object, "asked and answered."
Michigan Department of Human Services Licensing Report . [GO]
Rodney's Recant [GO]