August 13, 2001
Suspected kidnapper anxious for trial
by Jeanette Knutson
News reports indicate DNA evidence of 6-year-old Davry Chen's blood was found in the Kingsgate apartment of his suspected abductor, Richard Allen Dunn.
In fact, sources report four samples of blood, found in the apartment bathroom, matched the boy's DNA and that detectives have removed the apartment tub, shower walls, bathroom sink and countertop for forensic analysis.
News of this evidence may have prompted a Superior Court judge to grant prosecuting attorney Scott O'Toole a four-week delay in the kidnapping trial. With the extra time, the prosecution will likely reconsider whether young Chen was sexually assaulted during his 24-hour kidnapping ordeal.
Taken June 20 from outside his Kingsgate Meadows apartment, the boy was discovered a day later in an apartment building just over a block from his home, in a unit belonging to Dunn.
Dunn, 39, currently being held without bail in King County Jail, has been charged with one count of first degree kidnapping with a special finding of sexual motivation and three counts of possession of child pornography. Court documents indicate detectives found approximately 63,000 images of child pornography on his apartment computer.
His attorney, Eric Weston, objected to the delay in trial, maintaining his client deserved the speedy trial guaranteed by law. However, Judge Charles Mertel found the new evidence was good cause for a four-week postponement. The new trial date is Oct. 3.
"This gives the state more time to collect evidence and interpret evidence they've already collected," said Weston. "The hospital didn't indicate [that the boy had] any open wounds. There is no evidence the boy was sexually abused in the apartment.
"To date, the state hasn't amended its charges, ... " said Weston, implying the state would have amended charges against Dunn if it really had sufficient evidence to warrant it.
"Mr. Dunn entered a plea of not guilty ... [and he] is approaching the case as if he were going to trial, but we are always seeking resolution outside trial [a plea bargain]. Listen, Mr. Dunn is looking at a whole lot of time, if not the rest of his life.
"And the fact of the matter is, we do not know the entirety of the state's case, and we're not willing to concede anything. All aspects of the case are at issue until we get all the police reports," said Weston, referring to the fact that he has received only 2,000-some pages of police reports, with another 1,000 to 2,000 yet to be handed over.
Asked if he'll use the mistaken identity defense mentioned in the media, Weston replied frankly, "I don't know. It's one of many things in our defense. Though I am loath to use sports analogies, bear in mind that you never see the defense line up until the offense lines up," again referring to his inability to strategize not knowing all the particulars of the prosecutions's case.
Brandon Walcutt, tangential to the case because of his longstanding domestic partnership with Dunn, was at one time thought to be missing, the possible victim of foul play. He has been located by detectives. Apparently he was missing of his own accord.
Said King County Sheriff's Detective Katie Larson, "Detectives have tracked him down and have been in contact with him. Should they need to, they can contact him again."
Defense attorney Weston said the state interviewed Walcutt for seven hours and Weston, too, would be speaking with him soon.