State Of Washington, V. Patrick Leon Nicholas
85387-2
| Wash. Ct. App. | May 5, 2025Background
- Patrick Nicholas was convicted for the 1991 first-degree murder with sexual motivation of 16-year-old Sarah Yarborough based on DNA evidence.
- The murder remained unsolved for 27 years, until forensic genealogy identified Nicholas through a match between his discarded cigarette DNA and the semen found at the crime scene.
- Nicholas was surveilled, and his cigarette butts, discarded outside a laundromat, were collected by police without a warrant and matched to the crime scene DNA.
- The State used the Random Match Probability (RMP) method to assess DNA evidence significance, which Nicholas challenged as inappropriate under Frye, arguing for adjustment due to genealogy database use.
- Nicholas also contested the warrantless DNA collection (arguing privacy in abandoned genetic material) and challenged the exceptional sentence imposed by the trial court.
- The jury found him guilty of murder in the first and second degree (later vacated for double jeopardy) and found sexual motivation as an aggravating factor.
Issues
| Issue | Nicholas's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of DNA statistical evidence under Frye | RMP should be adjusted for ascertainment bias due to genealogy search | RMP is accepted in forensic science, adjustment not required | RMP is generally accepted; admissible under Frye |
| Constitutionality of using DNA from discarded cigarette | Genetic info is private; warrantless search violated rights | Cigarette was voluntarily abandoned; no privacy expectation | No violation; Nicholas voluntarily abandoned the items |
| Scope of relevant scientific community under Frye | Court misapplied Frye by limiting to forensic community | Forensic community is appropriate for Frye analysis | Appropriate community considered; no error |
| Validity of exceptional sentence based on aggravating factor | "Clearly too lenient" must be found by jury; it was not; resentencing needed | Sentence based on sexual motivation found by jury, so sentence valid | Sentence remanded: not clear if trial court relied solely on valid aggravating factor |
Key Cases Cited
- State v. Copeland, 130 Wn.2d 244 (Wash. 1996) (Frye standard for scientific evidence in Washington)
- State v. Hinton, 179 Wn.2d 862 (Wash. 2014) (Washington's broader privacy protection under article I, section 7)
- State v. Evans, 159 Wn.2d 402 (Wash. 2007) (standard for voluntary abandonment exception to the warrant requirement)
- Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) (landmark admissibility test for scientific evidence)
- State v. Flores, 164 Wn.2d 1 (Wash. 2008) (jury must find aggravating factor to support exceptional sentence)