Gary Proctor’s defense requests DNA testing

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The attorney for the man charged with Jerome Diggs’ murder last July requested the testing of DNA evidence from the crime scene.

Gary Proctor has been charged with second-degree murder for allegedly shooting and killing Diggs.

Cartridge casings, bullets, pillows and blankets used to stop bleeding, the victim’s clothing, and cell phones were all found at the crime scene and taken in as evidence.

So far, the government has chosen not to test the pillows, blankets, or victim’s clothing for their case. However, the defense has requested that all pieces of evidence be sent to them for DNA testing including these items.

Attorney Madalyn Harvey, representing Diggs, also argued that the phones recovered at the crime scene should be sent to their phone specialists for data retrieval. The prosecution has already had access to this information and Harvey requested the same access. Judge Florence Pan asked that the prosecution and defense sit down together and come to an agreement on an itemized list of evidence that will be sent to the defense council and the cell phone request order.

Proctor will be seen next in court for a status hearing on September 30.