Pope County Circuit Judge Bill Pearson issued the ruling Tuesday in the capital murder case against Gary William Dunn. Dunn is accused in the killing of beauty queen and college student Nona Dirksmeyer.
At issue in the case in a condom wrapper found at Dirksmeyer's apartment. Prosecutors allege DNA from the wrapper matches Dunn, who lived at the same apartment complex near the campus of Arkansas Tech.
Defense lawyer Jeff Rosenzweig dismissed the DNA find, saying that the sample was too small and degraded to link Dunn to the crime.
Dunn is scheduled to stand trial next week. Prosecutors are seeking the death penalty.
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