Defense asks to suppress DNA

Defense attorneys Bobby Kaplan, left, and Pete Rost, right, with their client, Andrew Gustafson, center. THE BLADE/JETTA FRASER Enlarge | Buy This Photo Published: Tuesday, 8/19/2014 - Updated: 51 seconds ago

BY JENNIFER FEEHAN BLADE STAFF WRITER

The DNA sample that allegedly links a former Swanton Township man to the 1983 murder of Janean Brown was obtained in 2007 without a warrant by detectives who were investigating an unrelated sexual assault at the time, defense attorneys argued Monday.

Andrew Gustafson, 57, of Birch Run, Mich., is asking Lucas County Common Pleas Judge Gary Cook to suppress the DNA evidence as well as statements he made to investigators in 1983 and in 2013 about the slaying of Ms. Brown, 19, of Whitehouse.

Mr. Gustafson is charged with two counts of aggravated murder and one count of murder in the death of Ms. Brown, whose body was found Nov. 19, 1983 in a ditch near Mr. Gustafsons home. Her throat had been cut.

In court Monday, retired Lucas County Sheriffs Det. Sgt. Daryll Symington recalled interviewing Mr. Gustafson at his home the day after Ms. Browns remains were found along Archbold-Whitehouse Road, saying Mr. Gustafson was not a suspect at that time and therefore he did not read him his Miranda rights.

I talked to him because his house was right next to the location where we discovered the body and had talked to him because he was a neighbor, asked him if he saw anything, Mr. Symington said, adding that he spoke with Mr. Gustafson for about 10 minutes.

He told me that he didnt know anything about it, didnt see anything, that he did not know Janean Brown, he said.

The former detective said he returned three days later to serve a search warrant at Mr. Gustafsons house and seize his van. On that date, Mr. Symington said he read him his rights, and Mr. Gustafson told him he had nothing to say. After that, investigators were advised not to contact the suspect because he had an attorney who advised him not to speak with them.

Bobby Leist, Jr., a retired lieutenant from the sheriffs office, said he first spoke to Mr. Gustafson in 2007 during the investigation of a sexual assault complaint aimed at Mr. Gustafson. He said he went to the Moose Lodge in Whitehouse to ask Mr. Gustafson for a swab of his mouth to use in DNA testing relating to the complaint.

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Defense asks to suppress DNA