Unsealed documents reveal that DNA found on the victim matched her stepbrother, but the defense argues this only proves sexual contact, not murder. Prosecutors must rely on additional evidence like surveillance footage and phone data to prove Timothy Hudson killed Anna Kepner aboard a Carnival cruise.
Federal investigators trying to prove a teenage cheerleader was raped and murdered on a cruise by her stepbrother also obtained DNA evidence from a second juvenile she allegedly had sex with during the trip, unsealed documents have shown.
Timothy Hudson, 16, is accused of raping and murdering his stepsister, 18-year-old Anna Kepner, on a Carnival ship as it made its way from Cozumel, Mexico, back to Miami last November. Prosecutors have said he was the only person in the room with the cheerleader when she was strangled to death before her body was hidden under a bed in the cabin she was sharing with the stepbrother and her 14-year-old half-brother.
However, according to an unsealed 145-page detention hearing transcript reviewed by Fox News, prosecutors disclosed that Kepner had sex during the cruise with a different juvenile, referred to as 'minor witness two' in court documents. Prosecutors included the disclosure as they laid out DNA evidence collected from Kepner's autopsy, which included vaginal swabs from a rape kit. Two of them produced male DNA, one of which tested positive for sperm.
The findings allowed the FBI to obtain a search warrant for Hudson's DNA, as well as the second minor who allegedly had sex with Kepner. After the DNA samples were compared to the swabs, it was determined that Hudson was almost certainly the contributor, rather than the second juvenile, according to prosecutors.
The FBI lab results found Hudson was 120 sextillion times more likely to have produced the DNA on the swab that tested positive for sperm, and 1.2 septillion times more likely to have produced the male DNA on the other swab as well.
Timothy Hudson, 16, is accused of raping and murdering his stepsister, 18-year-old Anna Kepner aboard a Carnival cruise last November Prosecutors have said Hudson was the only person in the cruise cabin with Kepner when she was strangled to death Prosecutors also disclosed that Kepner allegedly had sex with another juvenile while on the cruise, sparking court arguments over DNA evidence Prosecutors shared few details about the second boy or how it was determined that he may have had sex with Kepner, other than saying he was a guest on the cruise who had interacted with her and that he had no other connection to the family.
Although the evidence strongly suggests that Hudson had sex with Kepner shortly before she died, it does not prove that he murdered his stepsister, according to the defense. Hudson's attorney argued that the prosecution is assuming that the evidence of sexual contact, alleged sexual assault and murder were all part of the same event. At a hearing last week, Hudson's defense team questioned the FBI's lead case agent about the DNA evidence.
The defense asked the agent whether any DNA had been collected from the 'marks and bruises' on Kepner's neck in order to determine 'who may have strangled her.
' 'I'm not sure. Of that I'm not sure, no,' the agent replied. The defense then asked whether the medical examiner was able to determine if the same person who allegedly raped Kepner was the same person who killed her.
'I don't think they made that determination,' the agent said. Hudson's defense team has argued that DNA evidence that suggests he indeed had sex with Kepner does not prove he murdered her.
Above, the 16-year-old attending a hearing Prosecutors will have to rely on other evidence, including surveillance footage, phone location data and the timeline of who was in the cabin, to try to prove Hudson murdered his stepsister The defense team's goal with that line of questioning was to establish reasonable doubt that Hudson was the killer, even if he did have sex with Kepner. Prosecutors will thus have to rely on a more holistic presentation of the evidence to prove Hudson was the murderer, combining the rape kit DNA results with surveillance footage, phone-location data and the timeline of who was in the cabin.
Read MoreEXCLUSIVE Anna Kepner's father reveals horrific moment he pulled cheerleader's body from under cruise ship bed Surveillance footage from the cruise ship shows Kepner entering the cabin at 7.38pm and never re-emerging, and Hudson spending a key stretch of time in the same room, according to prosecutors. They added that Kepner's phone traveled along the same route as Hudson later that night before the device was found destroyed in a trash bin.
The judge said the evidence certainly amounted to probable cause but that he would not characterize the prosecution's case as strong, adding that 'various defenses' could be made. Despite the lack of conclusive evidence, Kepner's father told the Daily Mail in April that he is convinced Hudson is his daughter's killer and that he is a 'danger' to the public.
He said his family is outraged by a court's decision to let Hudson live with a relative instead of being locked up ahead of his federal trial. He also said the boy is yet to apologize or show any sign of remorse.
'We're upset that he's still out. We're six months in and he should already have been arrested and yet he's free to do whatever he wants right now,' Christopher told the Daily Mail.
Kepner's father, Christopher Kepner , said he believes that Hudson is his daughter's murderer Christopher said he and his wife have not spoken to Hudson since he was placed into the care of his paternal uncle in Central Florida and that he wants the teenager to be put in custody 'I want to see him in an orange jumpsuit and handcuffs. He does not need to be free.
He does not need to be in the general public, around any kids or women in general,' the father added. Christopher said he and his wife, Shauntel – Hudson's mother – have not spoken to the boy since December, when he was placed in the care of a paternal uncle in Central Florida. He is wearing a GPS ankle monitor to track his location.
The 16-year-old was originally charged as a juvenile on February 2, but the case was transferred to an adult court on April 10, allowing court documents to be unsealed. If convicted of his first-degree murder and aggravated sexual abuse charges, Hudson could be sentenced to life in prison, though he is ineligible for the death penalty as the alleged crimes were committed when he was a minor. Hudson's trial is scheduled to begin in September.
Cruise Ship Murder DNA Evidence Stepbrother Accused Teenage Victim Federal Investigation
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