EBENSBURG, Pa. – Several motions were handled Tuesday in Cambria County court just before the trial of a man accused of killing a Blairsville woman in 2016.
Arguments were heard about defense motions to exclude the testimony of a pathologist and to limit the inclusion of DNA evidence in the trial of Christopher George Rowe, which is set to begin Wednesday.
Rowe is charged in the death of 26-year-old Kaylene Roedel. Rowe was in a relationship with the victim and allegedly killed her and disposed of her body along a Johnstown hiking trail.
He was charged in 2020 with criminal homicide, involuntary deviate sexual intercourse with an unconscious person, aggravated assault, false reports and abuse of a corpse.
“We’re eager to get started,” defense attorney Toby McIlwain said. He represents Rowe alongside Daniel Kiss, both court-appointed, in a case being overseen by Cambria County Senior Judge Norman A. Krumenacker III.
The pair argued Tuesday that testimony, including a supplemental report, from pathologist Dr. Kevin Whaley should be excluded from the proceedings.
According to prosecutors from the state Office of Attorney General, which took over the case in August, the cause of death should be listed as homicidal violence of undetermined means, although strangulation is likely based on expert review of case details.
Kiss argued that was a last-minute adjustment from prosecutors and said the testimony should be thrown out.
“We are way beyond new discovery popping up,” he said.
Evan Lowry and Aaron McKendry, of the AG’s office, said that it wasn’t new information, but a supplemental report to support the earlier testimony of Whaley.
The other matter discussed in depth Tuesday was whether or not, and to what extent, DNA evidence would be included in the case.
According to defense counsel, DNA testing from the Pennsylvania State Police laboratory is flawed due to an employee who has since left who reportedly mislabeled and mishandled evidence.
Lowry said in the interest of justice, it’s the prosecution’s opinion that all DNA should be excluded from the proceedings.
McIlwain disagreed, stating the defense wants to include the information that their client voluntarily provided his DNA to officers and exclude the results of the testing that may be tainted.
The group debated the details, with Krumenacker taking the matter under advisement and letting the sides know his orders on the motions would be delivered later Tuesday.
“I’m trying to level the playing field without getting into a sideshow,” the judge said, adding that DNA evidence doesn’t favor either side.
Rowe’s trial has been postponed and adjusted several times this year alone. It had been scheduled to start Nov. 5, but due to these motions, it was delayed a week and a day to ensure the matters could be addressed.
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