DNA evidence cited in 1979 Lackawanna slaying

Michael Rodriguezs semen was detected on his former wifes clothing after she was found fatally stabbed 108 times in a Lackawanna cemetery 35 years ago, according to testimony Thursday at a pretrial hearing.

And her blood was found on his leather jacket.

Dr. John P. Simich, head of the Erie County Central Police Services Forensic Lab, testified about some of the DNA evidence that led to last years murder indictment of the 60-year-old defendant in the 1979 slaying of his estranged wife, Patricia.

Simich said testing last year found DNA matching the defendants in a semen stain on the victims black body suit.

Testing in 2009 of dried red stains on a leather jacket that state prosecutors say belonged to the defendant found DNA matching that of the victim, Simich said.

Simich said that no one ever asked the lab to test the jacket from 1993, when the lab first started doing DNA testing, until 2009 when the State Police submitted the jacket for testing after reopening the investigation.

The testimony came at the hearing on a motion by defense attorney Paul J. Cambria Jr. to dismiss the indictment because of what he calls unreasonable delay in charging his client in the death of the 21-year-old woman, whose body was found April 13, 1979, in Holy Cross Cemetery.

Rodriguez, who has remarried, was arrested last November at his home on Pries Avenue in South Buffalo after he was indicted on murder charges. He is being held without bail.

The trial is scheduled for Oct. 14 before Erie County Judge Michael L. DAmico.

Cambria says the delay hinders his clients ability to defend himself since peoples memory about the events has lapsed after 35 years and some potential defense witnesses have died.

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DNA evidence cited in 1979 Lackawanna slaying