Appeal denied: Kayle Bates’ call for DNA testing quashed by SCOFLA – WJHG-TV

PANAMA CITY, Fla. (WJHG/WECP) - In a unanimous ruling, the state's highest court has shot down more DNA testing in a Panama City murder case from 1982.

Kayle Bates, 59, is on death row after being convicted of kidnapping, murder, rape and robbery. Bates kidnapped Janet White, 24, from her State Farm Insurance office in Panama City on June 14, 1982. He killed her by stabbing her after he attempted to rape her. Her body was found that same day in woods near her office. After he killed her, Bates, who was 25 at the time, took a diamond ring from White, which he had on him when police arrested him.

Bates' latest appeal focused on ten items he claimed would prove he wasn't White's killer. But, in an opinion released Thursday, the Supreme Court of Florida said in the case of seven of the items, "we rejected Bates argument that DNA testing on these items would produce a reasonable probability of his exoneration in light of the accumulation of evidence establishing his identity as the perpetrator. "

The ruling continues: "Further, we affirm the circuit courts denial of DNA testing on the three remaining items not subject to the procedural bar. Regarding the first two items, Bates alleges that debris from the victims clothing, which includes a Caucasian hair sample that Bates alleges could not be his because he is African American, and the victims fingernail clippings could contain DNA of the actual killer and therefore exonerate him. Bates further argues that if DNA testing on these items excludes his DNA, he would also be exonerated. Like the seven items for which DNA testing has already been denied, favorable testing from these additional items would not establish that Bates is not the perpetrator, as the evidence of Bates guilt is overwhelming....In light of the overwhelming evidence of Bates guilt, there is no reasonable probability that the results of DNA testing on these three additional items would have resulted in his acquittal or reduced his sentence."

Bates is also appealing his death sentence. At his original trial in 1983, a jury recommend 11-1 that Bates be sentenced to death. Bates has been sentenced to die two other times, once in 1985 and again in 1995. His latest appeal focuses on a ruling last year from the Supreme Court of the United States stating all death recommendations have to be unanimous from juries and that juries, not judges, are who have the ultimate say in death penalty cases.

So far, the Supreme Court of Florida hasn't ruled on Bates' appeal of his death sentence. SCOFLA is awaiting word from the United States Supreme Court on if its ruling last year on unanimous jury recommendations regarding death sentences applies to cases before 2002.

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Appeal denied: Kayle Bates' call for DNA testing quashed by SCOFLA - WJHG-TV