By Janice Morse
The Cincinnati Enquirer

HAMILTON - A paperwork bungle in a capital murder case is costing Butler County taxpayers an extra $13,700.

Amid allegations about where to place the blame, Common Pleas Court Judge Patricia Oney last week agreed to set aside $19,000 for a rush job on genetic tests for the trial of Donald J. Ketterer, which is scheduled to start Tuesday.Assistant Prosecutor Craig Hedric and Ketterer's lawyers agree Oney had little choice.

On Jan. 16, 11 days before the scheduled trial, lawyers discovered that the tests hadn't been done because paperwork apparently never arrived at the correct office.

Oney could have changed the trial date, but that would have delayed the trial for weeks or months, which prosecutors opposed.

"This case demands and deserves justice," Hedric said.

Ketterer has been awaiting trial nearly a year in the torture-slaying of 85-year-old Lawrence B. Sanders of Hamilton.

Oney could have refused to have the tests done at all.

"For certain, in a case like this, if the DNA evidence were not presented, the case would be (reversed on appeal)," said Chris Pagan, co-counsel for Ketterer.

Lawyers on both sides say DNA tests on samples from Ketterer and on four hairs found in the victim's hand are crucial evidence.

"It suggests the victim was in a fight with someone - and if it wasn't Ketterer, there could have been someone else responsible for the victim's demise," Pagan said.

The test results are expected to arrive in the midst of Ketterer's trial.

The larger issue is this: costs of independent tests would be unnecessary if the state crime lab would change its policy forbidding independent experts from watching the tests in progress, Pagan said.

"In effect, they're running a secret lab, and nobody knows what's going on up there," Pagan said. "There cannot be any inconvenience to them to have another scientist stand there in a lab coat and watch the tests being done, at no additional expense to the taxpayers."

But Beasley said the state lab's policy is sound.

"It's simply a matter of safety, efficiency and ethics," he said.

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E-mail jmorse@enquirer.com