The retrial of Alex Ewing in a nearly 40-year-old Lakewood murder case got underway Wednesday with a familiar opening statement from the prosecution and requests by the defense for a second mistrial and, after that failed, a change of venue.
when his attorneys requested their client’s mental competency be evaluated. That mental health delay was resolved late last year, according to court records., emphasizing the importance of “semen and similarities” in her opening statement Wednesday. She focused on the DNA evidence connecting Ewing to semen found on Smith’s body and in her living room.
The DNA was matched to Ewing while he was serving a 40-year sentence in Nevada for attempted murder after beating a couple with an ax handle in August 1984.Decker also spent significant portions of her opening statement reviewing the murders of Melissa, Debra and Bruce Bennett in Aurora on Jan. 16, 1984, for whichBoth attacks took place at homes where garage doors had been left open and both Melissa Bennett and Smith were killed with hammer blows to the head, then sexually assaulted.
The defense argued that while the semen DNA may have been matched to Ewing, the so-called touch DNA from “critical items” in the case excluded Ewing as a suspect. The DNA found on the handle of the hammer that killed Smith, as well as the evidence on her clothing, did not match Ewing, public defender Katherine Powers Spengler said.
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