Lance David Bean v. State
2016 WY 48
| Wyo. | 2016Background
- In 1972 Sharon Reher was found raped and murdered in her apartment; the case remained unsolved for decades.
- In 2011 cold‑case testing (largely touch DNA and Y‑STR) of clothing, bedding, and a fingernail produced profiles that in multiple samples were consistent with Lance Bean and excluded many other suspects.
- Bean was charged with first‑degree murder, rape, and attempted rape; at trial the jury acquitted him of murder and rape but convicted him of attempted rape. He received a suspended 5–8 year sentence and probation.
- Bean moved in limine to exclude the touch DNA results as inherently unreliable due to possible contamination from 1972 evidence‑collection practices; the district court denied the motion and admitted the DNA evidence.
- At trial the State relied on the DNA patchwork, scene evidence of a struggle and sexual assault, and Bean’s statements (including “If I was there, I don’t remember”) to prove identity and intent; Bean did not present a defense expert on contamination.
Issues
| Issue | Plaintiff's Argument (Bean) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether district court abused discretion by admitting touch DNA results | Collection/storage in 1972 likely contaminated samples; methods did not meet modern protocols so DNA is inherently unreliable | DNA testing methods are generally reliable; alleged historic collection flaws go to weight, not admissibility | No abuse of discretion; DNA admissible. Contamination/secondary transfer issues go to weight for the jury |
| Whether evidence was sufficient to support attempted rape conviction | DNA and other evidence consistent with innocent social contact at party; no proof of specific intent to rape | DNA found on bra/underwear/waist/fingernail (locations inconsistent with casual contact), scene indicia of sexual assault, and Bean’s statements permit inference of identity and intent | Sufficient evidence for attempted rape conviction; judgment of acquittal properly denied |
Key Cases Cited
- Daubert v. Merrell Dow Pharm., 509 U.S. 579 (U.S. 1993) (trial courts act as gatekeepers to ensure expert methodology is reliable and fits the case)
- Bunting v. Jamieson, 984 P.2d 467 (Wyo. 1999) (Wyoming adopts Daubert framework for admissibility of expert testimony)
- Springfield v. State, 860 P.2d 435 (Wyo. 1993) (procedural errors in evidence collection generally affect weight, not admissibility; court may exclude if procedures produce unreliable results)
- Musacchio v. United States, 136 S. Ct. 709 (U.S. 2016) (on sufficiency review, courts assess the evidence against the statutory elements actually charged, not extra elements erroneously added to jury instructions)
- State v. Ramsey, 550 S.E.2d 294 (S.C. 2001) (historical collection errors implicated contamination but did not render DNA evidence totally unreliable; conflicts go to weight)