June 4, 2008 — The trial of Daniel C. Castillo, charged last year with the murder of 12-year-old La'Quina K. Hennis, is set to begin, with jury selection beginning Monday and opening arguments scheduled for early Tuesday morning.
Hennis disappeared April 6, 2007. Her body was found five days later, as V.I. Search and Rescue volunteers worked their way through several buildings situated on Eighth Street in Sugar Estate after receiving reports from residents complaining about a foul odor emanating from some of the structures. The body was subsequently found in one of the wooden buildings, lying face down in a plastic tote bin.
During a final pre-trial conference in V.I. Superior Court Wednesday, defense and prosecuting attorneys took care of some last-minute case issues and nailed down exactly what evidence is being included during the trial. Discussion primarily centered on whether an audio recording of Castillo's confession — read by U.S. Marshal David Drake and verified by Castillo at the end of the tape — could be used by the prosecution.
The tape backs up a written statement taken by Drake in mid-April 2007, after U.S. marshals encountered Castillo in Frenchtown and took him to police for questioning, according to government attorney Jesse Bethel. In the written statement, authorities say, Castillo describes how he killed Hennis and where he put her body. If the legitimacy of the written statement is challenged during trial, the tape can be used to eliminate any doubt as to whether marshals did in fact "memorialize" the confession, Bethel explained.
A transcript accompanying the tape should make note of sections in the recording that are inaudible, ruled V.I. Superior Court Judge Brenda J. Hollar.
DNA evidence taken from the abandoned shed in which Hennis' body was found will also be used during trial, but Bethel cautioned that the report is inconclusive in many instances. Pubic hairs and other hair fibers taken from Castillo's bed and living room "are consistent" with Hennis' DNA, but experts cannot say they are a "definite scientific match," he said.
Semen found on a pink sheet at the crime scene also does not provide a DNA match, Bethel said.
"Police saw various items at the crime scene they thought would be relevant to the case, but nothing came back positive," Bethel said. He did note, however, that Hennis was not wearing panties when her body was found.
Certain autopsy photos — primarily those showing Hennis' decomposing body — will not be used during trial, and prosecutors will not be allowed to ask about Castillo's prior criminal record unless he takes the stand, Hollar said.
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