Mistrial declared in 1986 murder of 11-year-old Norwalk girl over evidence contamination claim
On Monday, Karun’s attorney Frank O’Reilly made a motion for a mistrial, arguing that the defense was in an “irreparable position,” and the allegation called into question potential police misconduct and mishandling of evidence central to the case.
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The trial of a former Norwalk resident accused of killing an 11-year-old girl nearly 40 years ago ended in a mistrial Monday after a claim of possible evidence contamination back in 1986.
It was supposed to be the fifth day of testimony against Marc Karun, who faces charges of murder, murder with special circumstances and kidnapping in the death of Kathy Flynn, with the prosecution planning to rest on Tuesday. Instead, Judge John Blawie granted the defense’s motion for a mistrial before the jury ever entered the courtroom.
“I don't want to do this, but on the other hand, I don't feel like I have a choice," Blawie stated.
His decision came after prosecutors received an email last Thursday from a former Norwalk officer who'd overseen the detective bureau at the time of Kathy's death. Retired Lt. Robert Fabrizzio said back then that he got a call from Dr. Henry Lee, who headed up the state crime lab, claiming Kathy's body had been placed in a used body bag by the state medical examiner, and Lee was concerned about possible evidence contamination. State’s Attorney Paul Ferencek disclosed the email to the defense and judge and said there was nothing to corroborate the allegation in the police file or the medical examiner’s report. Blawie said he’d take up the issue after the three-day holiday weekend.
On Monday, Karun’s attorney Frank O’Reilly made a motion for a mistrial, arguing that the defense was in an “irreparable position,” and the allegation called into question potential police misconduct and mishandling of evidence central to the case. O’Reilly said his team would have to reopen their investigation into the case and interview Fabrizzio, who is now 84 and living in Alaska. O’Reilly also noted that he wouldn’t be able to interview Lee. The famed forensic examiner died on March 27.
“The court has no choice but to declare a mistrial,” O’Reilly said.
Ferencek opposed the motion, stating there’s no reason to believe this is reliable information.
“There’s not one scintilla of evidence that supports that,” Ferencek countered.
Furthermore, he said the evidence wouldn’t be admissible at trial because it’s what’s called double hearsay. Fabrizzio said he got the information from Lee, but according to Ferencek, Lee likely wasn’t at the crime scene, which means he would’ve been told the information by someone else.
But Blawie ruled that because DNA is at the heart of this case, he had to grant a mistrial to give Karun's legal team time to investigate the allegation. Blawie was adamant there were no grounds to dismiss the charges against Karun and said he’d like to see a retrial date sooner rather than later. A status conference was set for Sept. 1.
O’Reilly had no comment after the ruling.
Ferencek released a statement, saying, “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. When the State learned of Mr. Fabrizzio’s allegation last Thursday, we immediately notified the Court and defense counsel, fulfilling our legal and ethical obligations even though it contributed to the mistrial. We respect the Court’s decision and will now work with the state laboratory and the Office of the Chief Medical Examiner to assess the validity of the allegation. We remain committed to a fair process and to upholding the integrity of the justice system as we review the case and determine next steps.”
Kathy’s mother and brother have been in court daily since the trial against Karun began on March 30. They had no comment on the developments.
Esther Flynn testified on the first day of the trial and told the jury about having to report her daughter missing when she failed to return home from Ponus Ridge Middle School on Sept. 23, 1986. Police found Kathy’s body early the next morning in the woods about 100 feet from the school path she used to walk home daily. The child had been sexually assaulted and strangled.
It was a crime that haunted the community, changing the way people lived, and it remained cold until June 2019, when police secured an arrest for Karun, citing advancements in DNA technology.
Jurors heard four days of testimony last week, including from DNA experts. One testified that a hair found on Kathy’s body had the same mitochondrial DNA as a pubic hair from Karun, meaning neither he nor his maternal relatives could be excluded from the sample. Another witness said analysis of fingernail scrapings from Kathy’s autopsy came back as thousands of times more likely to be from Kathy and Karun than Kathy and another person.
Karun remains in custody on $5 million bond. He was 21 at the time of Kathy’s death and on investigators’ radar early in the case because the crime resembled a previous sexual assault in which Karun was charged. In that case, the charges were reduced after the victim decided not to testify. That was just weeks before Kathy was killed.
Court documents show that in the years after Kathy’s death, Karun was convicted of multiple sexual assaults, which police said were similar to Kathy's case.
Though Karun was charged in 2019, the case took a while to get to trial, in part, because of superseding federal gun charges brought against Karun. Police said when they arrested Karun at his home in Maine, they found dozens of guns and nearly 15,000 rounds of ammunition, which Karun wasn't allowed to own because of his prior felony convictions. In 2024, he pleaded guilty to the federal charges, which allowed the homicide case to move forward.
PRIOR REPORTING:
DNA expert testifies in 1986 Norwalk murder as email suggests possible evidence contamination
Jury sees autopsy photos, hears testimony about how Norwalk girl killed in 1986 was bound, strangled
Jury selection begins for man charged in 1986 murder of 11-year-old Norwalk gir
Lieutenant: Cold case arrest bittersweet because it doesn't bring back Kathleen Flynn
Alleged 1986 cold case killer heads back to Connecticut
Arrest made in 1986 cold case murder of 11-year-old Norwalk girl
