Jessie Dotson's Defense Wants DNA in Lester St. Trail

MEMPHIS, Tenn. - The defense attorney for Jessie Dotson, the man accused of the Lester Street Massacre, made an unusual request of the judge. He wants several personnel on the scene the night of the murders to get a DNA test.

The attorney said it's the only way to fairly analyze some of the physical evidence. This motion includes law enforcement officers, paramedics, or any other persons who made contact with the crime scene on that rainy night in March 2008.

Jessie Dotson's counsel believes police didn't do all of their work that night, so now it's time for them to take matters into their own hands.

In a motion filed Thursday morning, defense attorneys for Jessie Dotson are making an unusual request of Criminal Court Judge James Beasley.

According to defense attorney Marty McAfee, "we are asking for access to test some of the police officers and personnel that were on the crime scene for DNA."

Without knowing who exactly was on the scene, defense attorneys wanted to test everyone. But the DNA evidence points to an Asian and Caucasian. No African American officers will need to be tested. The judge ordered prosecutors to produce a list of all personnel one the scene with a racial breakdown.

The motion reads, the request "is necessary in order to protect the defendant's right to due process of law." McAfee said it made sense for the defense counsel to investigate the case where police did not.

McAfee said his request is not to accuse any officers that were on the scene that night, but to exclude them and find out what the physical evidence really means.

"There is physical evidence in this case that does not match the police theory in this case," claimed McAfee.

The case was dubbed the Lester Street Massacre. 6 people were discovered dead inside the home at 722 Lester in early March 2008. 3 other small children were left for dead, but survived. Police named Jessie Dotson as the suspect responsible for the brutal killings.

"Some of the physical evidence in the case doesn't match any of the victims, does not match Jessie Dotson, and it does not match the police theory, so we need to test it ourselves," said McAfee.

Could this be the first time there is the argument that Jessie Dotson did not act alone? Jurors will be the final judge of that theory, if it's argued in court during the trial.

When asked how Dotson is doing, McAfee answered, "He's having a rough time, but its part of the process."

Judge Beasley's decision to allow a change of venue in the case may have been some good news for Dotson. It was a historic move in Shelby County, where this has never happened before.

"It will make this into a trial instead of a closed book," said McAfee. 

The judge will make his ruling on Wednesday, May 19.