CLAY COUNTY, Fla. – DNA from the fire extinguisher prosecutors said was used in the 2007 rape and murder of an Orange Park veterinary technician is linked to the man charged in her death, according to test results presented in court.
Michael R. Jackson was found guilty of raping and murdering Andrea Boyer while she was working at Wells Road Veterinary Medical Center. Jackson was given a new trial when the supreme court ruled prejudicial evidence was shown to the jury.
The new trial was scheduled to begin a week ago, but was stopped during jury selection when prosecutors said they were waiting to receive the results from the DNA analysis performed in 2015.
Results from the sample revealed:
The major donor could be determined and is consistent with originating from Michael Jackson.
Prosecutors want the actual swab that ties Jackson to the murder weapon, but Jackson's attorney Ann Finnell fought against it in court based on case law.
"The report has been tendered to the state ... to include things that I have not received from the lab report," Finnell said.
Daniel Skinner with the State Attorney's Office said Finnell's reason is unacceptable.
"What we want is evidence," Skinner said. "If the state had done this, or if the state had evidence like this and didn't disclose this, we would not be abiding by the rules of discovery."
Judge Don Lester disagreed with the prosecution. The state will retest the fire extinguisher again. If the results differ, the prosecution can then ask for the swabs that tie Jackson to the murder weapon.