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Charak also found a prominent DNA profile, described as a “major contributor” to a mixture of profiles, in the sample taken from the passenger seat headrest.

Petitioner appeared moments later and said to Bryant Whack that “it was a dude.” Bryant Whack testified that he thought the incident was “funny” because he assumed Petitioner had gone to meet a woman and learned instead that the person he had been speaking to was a man.

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Haggerty, aided by another officer, started to give White options that could describe his attacker, such as asking if the person was male or female.

As a result of that process, Haggerty learned that White had been robbed and in what direction the gunman had fled.


We consider here whether a prosecutor's incorrect statements during rebuttal closing argument regarding DNA evidence, in a case in which that evidence was of central importance, required a mistrial.

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