Forensics expert testifies about DNA found in Levar case

A mixture of DNA from three individuals, including Gary Levar, was detected on a pair of black leggings worn by a young woman the night she says he tortured and terrorized her, a forensic scientist told the court Wednesday.

The analysis of a patch of material from the crotch of the pants found a small amount of semen, said Tara Bretzki, an expert in bodily fluid identification, DNA analysis and the transfer of fluids and DNA. 

A sample from Levar (a blood stain) was tested to determine if he could be excluded from the DNA found, Superior Court Justice Edward Gareau heard during the third day of the 49-year-old man's trial.

Levar has pleaded not guilty to 16 charges, including sexual assault, forcible confinement, administering a noxious substance and numerous counts of assault with a weapon.

There are two possible explanations for the complex mixture of DNA located on the patch of material, said Bretzki, acting assistant manager of the biology section of the Centre for Forensic Sciences Northern Regional Laboratory in Sault Ste. Marie.

One is that it is comprised of DNA from the complainant, Levar and an unknown individual, or it's the woman and two unknown individuals.

Statistically, it's 31,000 times more likely that Levar is part of it, that the results are from him, the complainant and an unknown person, she said, explaining the number is strong support for that explanation.

The third contributor could be male or female, Bretzki said.

During cross-examination, defence lawyer Ken Walker offered a couple of theories to the witness.

He questioned whether the pants, if they were owned and worn by a female other than the complainant, who knew Levar, and were worn by the complainant that day could pick up the DNA of three individuals.

Bretzki said this could account for the mixture in this case.

Walker also wondered if the complainant could have had sex with another person and picked up Levar's DNA in his house.

"It is a possible explanation," she replied, but pointed out they were talking about the crotch of the pants, so it would require that area to be in contact with Levar.

A spear gun, which the complainant said had been used to stab her, was examined for blood, but the test was negative and no blood was detected on a swab taken from it, Bretzki said

She told prosecutor Heidi Mitchell that there could be three reasons for that.

The first is obvious - the spear gun wasn't used in that fashion, she said.

Secondly, if it was, it didn't puncture the skin and draw blood, or lastly as the result the speed with how it happened no blood came into contact with it.

Bretzki gave the example of a needle or the point of a knife where contact can occur quickly.

Walker showed her the spear gun police had seized from Levar's Patrick Street home during their investigation of the Sept. 29, 2017 allegations.

He pointed out that the point was bigger than a needle, and she agreed a bigger surface was a factor, but said the three possible explanations still exist.

The trial continued today with Walker slated to cross-examine the complainant.

EDITOR'S NOTE: SooToday does not permit comments on court stories