Mistrial Declared in Decades-Old Murder Case After Email Alleges Evidence Contamination
A Connecticut judge declared a mistrial on Monday in the murder case against Marc Karun, the man accused of killing 11-year-old Kathleen Flynn in 1986, after a newly disclosed email threw the proceedings into chaos by alleging the victim was placed in a used body bag.
Judge John Blawie stated he believed he had no choice but to declare a mistrial due to concerns over potential evidence contamination, though he emphasised he would not dismiss the case entirely. The decision comes after prosecutors revealed an email from retired Norwalk police lieutenant Robert Fabrizzio, who claimed a state crime lab official told him shortly after Flynn's death that she had been placed in a used body bag.
Shocking Allegation from Retired Officer
During the trial in Stamford, Connecticut, last Thursday, State's Attorney Paul Ferencek disclosed Fabrizzio's email, which reported possible evidence contamination. Fabrizzio alleged the state crime lab official who informed him about the used body bag was Henry Lee, the famed forensic scientist known for his work on the O.J. Simpson murder case and other high-profile crimes nationwide. Lee, who headed the crime lab at the time of Flynn's killing, died last month at age 87.
The claim about the used body bag reportedly came as a surprise to current crime lab officials. Rick Green, a spokesman for the lab and the Department of Emergency Services and Public Protection that oversees it, said forensic scientists from the lab stand by their trial testimony. A message left at a phone listing for Fabrizzio was not immediately returned.
Prosecutors Vow to Investigate Further
In a statement, Ferencek expressed disappointment at the turn of events, particularly for the family members of Kathy Flynn, who have waited forty years for justice and closure. He confirmed prosecutors will be working with the state crime lab and medical examiner's office to verify Fabrizzio's claim.
"We’re obviously disappointed by this turn of events, especially for the family members of Kathy Flynn, who have waited forty years for justice and some degree of closure," his statement said.
Background on the Case and Defendant
Marc Karun, now 60, was on trial for murder and kidnapping charges in the killing of Kathleen Flynn, a sixth grader who was attacked while walking home from her middle school in Norwalk on September 23, 1986. Karun, who once lived in Norwalk, was arrested in 2019 at his home in Stetson, Maine.
Police said advances in DNA testing technology, along with the similarity between Karun's other attacks and how Flynn was killed, led to his arrest. A state forensic lab official testified last week that testing on scrapings from Flynn's fingernails showed the DNA found was 22,000 times more likely to have belonged to Flynn and Karun than from the girl and another person.
Karun has a prior criminal history, having been convicted of sexually assaulting or kidnapping four other female victims in the 1980s and serving about 10 years in prison. Shortly after his arrest in 2019, police found nearly 90 rifles and handguns at his Maine home; he was barred from having firearms as a convicted felon. Karun pleaded guilty to federal gun charges in 2024 and is set to be sentenced in that case in July.
Karun's lawyer, Francis O'Reilly, declined to comment on the mistrial. Karun remains detained on $5 million bond as the legal process continues.
