Varghese

Parakkamannil Koshy Bilji Varghese was convicted of first degree murder with a true finding he used a deadly weapon within the meaning of Penal Code section 12022, subdivision (b)(1). He was sentenced to a prison term of 26 years to life. Varghese appeals, arguing the trial court erred in refusing to allow independent DNA testing of a bloodstain and that the trial court erred in refusing to suppress certain evidence.

FACTS

A. Prosecution Case

1. Events Prior to the Murder

In April 2003 appellant and his wife Vilia Varghese (Vilia) were having marital problems. Appellant believed Vilia was having an affair. Vilia reported to the police that appellant assaulted her and she moved out of the family home. Appellant admitted striking her but stated it was an accident.

Haval Ravin was a physician who ran a fertility clinic. He was divorced and lived with his 17-year-old-son Rizgar R. He had parties at his home and hired Middle Eastern dancers to entertain. Vilia worked as one of the dancers. Eventually, the two began a relationship and Vilia spent three to four nights a week at Ravin’s house.

Appellant was unhappy with his separation from Vilia and did not want a divorce.…