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Mar 26, 2008 11:28 pm US/Eastern
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Despite DNA Find, Stein Murder Suspect Denied Bail
Reporting
Lou Young
NEW YORK (CBS) ―
There was anger in Lower Manhattan on Wednesday afternoon, as the personal assistant accused of killing 'Realtor to the Stars,' Linda Stein makes a new bid for freedom.
Despite a DNA twist thought to potentially help 26-year-old Natavia Lowery, she was back in court on Wednesday for a bail hearing, in which the judge decided against her plea of innocence. She was instead given a new court date for April 24, and her supporters are outraged that the newest forensic evidence discovery is being ignored.
Lowery's family and friends flooded the courtroom all wearing t-shirts in support of her innocence. The judge however wasn't impressed, keeping the former personal assistant behind bars without bail despite the appearance of a small spec of male DNA found at the 5th Avenue murder scene.
"If this had been Natavia Lowery's DNA found in the blood of Linda Stein, oh, the prosecution would have made much of that. But instead because the forensic evidence doesn't fit their theory, they ignore it," said defense attorney Ron Kuby.
Her family fumed outside the court a short time ago Wednesday afternoon.
"This situation is about affluence, wealth and race. This is not about Natavia Lowery. This is how the justice system operates in New York State. It's my daughter today, it's your child tomorrow," said Lowery's father, Daniel Walsh.
"Natavia does not deserve this. She did not bring this to our door. The detectives brought this to our door," Lonnie Lowery, Natavia's mother.
The defendant's pastor, who organized the supporters on Wednesday, says he feels for the Stein's loss, but he emphasizes his complete support of Lowery's innocence.
According to prosecutors, the case against Lowery is stronger than most - bolstered they say by the personal assistant's confession that she murdered her employer, Stein.
The real estate broker's bludgeoned body was discovered last October in a pool of blood inside her Fifth Avenue apartment. Lowery pleaded not guilty, and now her attorney, Ron Kuby - says a new medical examiner's office report may help their defense.
"The medical examiner has shown us if not the identity the gender of the real killer of Linda Stein and it was a man," Kuby said.
The report reveals that blood found in Stein's bathroom sink was mixed with Stein's and an unidentified male. No blood from Lowery was found in the apartment.
"There had to be blood on the hands of killer and in the course of the attack he may have cut himself with the object he was using to bludgeon Linda to death," Kuby said.
Sources in the Manhattan district attorney's office tell CBS 2 HD the blood was a very small speck and there is nothing to indicate it came from the killer.
CBS 2 HD took the report to forensics professor Lawrence Kobilinsky at John Jay College.
He says the male DNA found will raise questions and prosecutors will need to prove the sample was there prior to the murder.
"The problem with DNA is that you cannot tell when the specimen was deposited, so in fact you can have two separate stains, each deposited at a different time, and if you collect them together, they will give you a mixture," Kobilinsky said.
(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)
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