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State v. Kim

398 N.W.2d 544 (1987)

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State v. Kim

Minnesota Supreme Court
398 N.W.2d 544 (1987)

  • Written by Arlyn Katen, JD

Facts

Joon Kyu Kim (defendant) was charged with raping his employee. A criminal laboratory found semen present on the employee’s bedsheet and on vaginal swabs taken from the employee at the hospital. Kim claimed that he went to his employee’s apartment that night to fire her, but he did not have consensual or nonconsensual sex with her. The trial court ordered Kim to provide blood, saliva, and hair samples. The employee and her husband also provided comparison samples. The prosecution (plaintiff) planned to offer a laboratory analyst’s expert testimony that the semen on the bedsheet and vaginal swabs was consistent with Kim’s blood type and distinctive genetic markers. The analyst also would testify that 96.4 percent of men in the local population (the Twin Cities metropolitan area)—but not Kim—could be excluded as the possible sources of the semen. The trial court admitted the expert’s testimony that the test results were consistent with Kim having been the source of the semen, but the court excluded the expert’s proposed testimony about the statistical likelihood that the semen belonged to anyone else in the population. The prosecution appealed the order excluding the statistical-probability testimony.

Rule of Law

Issue

Holding and Reasoning (Wahl, J.)

Dissent (Kelley, J.)

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