DA says more DNA testing to be done as part of 1989 Eugene murder investigation

More evidence will be sent for DNA testing as part of the investigation into the 1989 slaying of Lori Stabenow, Lane County District Attorney Christopher Parosa said Monday, July 20.

The 1990 murder trial of Robert Wallace Lyons, whose conviction was vacated in June, “represented a case of first impression for the courts of Oregon on DNA when it was originally heard,” Parosa said in a statement, referring to how DNA evidence had yet to become commonplace in 1990.

“While that DNA evidence is still valid, the technology has come a long way since that time.  Thus, we have submitted additional evidence for testing, which will take some time,” Parosa said.

Lyons, 61, had his conviction tossed out under a new Oregon law that lists bite-mark analysis as a “discredited forensic science.” Jurors in 1990 heard testimony that Lyons’ bite matched bite marks found on Stabenow’s body.

Lyons was freed on a $250,000 bond last week; however, he remains charged with murder. Parosa and his office must decide whether to retry him.

“A formal decision on the retrial has not been made,” Parosa said. “We expect to meet with the Eugene Police Department this week to discuss the case. We also have obligations to the victim that must be honored before any decision can be made.”

After a pretrial release hearing that focused on remaining evidence, Lane County Circuit Judge Jay McAlpin, in ordering Lyons released, stated “evidence presented at the release hearing does not strongly indicate Mr. Lyons’ guilt.”

Parosa noted that the case remains under investigation.

“It is critical for folks to remember that this is a murder case that is 37 years old, from the date of the incident. In that time, critical civilian and law enforcement witnesses have passed away or retired and become difficult to locate,” Parosa said.

“Although the State opposed Mr. Lyons’ release at the hearing, we were relieved that a substantial amount of bail was set in the case because we feared he may simply be placed on a recognizance or third-party release,” Parosa said.

Janis Puracal, executive director and an attorney with the Portland-based Forensic Justice Project, previously said that Lyons has “absolutely” maintained his innocence.

“It’s been 37 years, and the testing to-date has only confirmed what we already know to be true – that Mr. Lyons had consensual physical contact with Ms. Stabenow at some point prior to the murder,” Purocal said in an email Monday. 

McAlpin’s order noted “conclusive evidence that Mr. Lyons’ DNA was found on Ms. Stabenow’s fingernail,” but the judge said testimony from the 1990 trial brought “context” to the evidence. The “uncontroverted evidence at the original trial was that Ms. Stabenow sat on Mr. Lyons’ lap and gave him a ‘quick kiss.’” McAlpin wrote.

Monday, Puracal also referred to an interview of a dentist done by defense attorneys in which it was said that a mold made from Lyons’ bite was placed directly on Stabenow’s body. McAlpin’s order stated that it was “possible” that by doing so testing swabs were contaminated.

“Now the State wants to pursue additional testing, even though it was revealed in the post-conviction case that the police-hired dentist contaminated the scene,” Puracal said. “Enough is enough. Mr. Lyons deserves his life back.”