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The Honolulu Advertiser
Posted on: Wednesday, August 27, 2008

DNA links man to UH rape

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Mark Heath

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The DNA of a former Schofield Barracks soldier already facing up to 40 years in prison for a series of dorm room invasions last year at the University of Hawai'i-Manoa has matched DNA linked to an unsolved rape case, prosecutors said yesterday.

Mark Heath, 21, was indicted on charges of second-degree sex assault and burglary by the O'ahu grand jury yesterday in the rape case, in which a Waikiki woman was assaulted in her Ala Wai Boulevard condo April 7, 2007.

Heath is being held in lieu of $2 million bail in the new case and is scheduled to appear in a bail reduction hearing this morning in the UH case.

Prosecuting Attorney Peter Carlisle told reporters after Heath was indicted yesterday that a concerted effort by law enforcement to expand the DNA registry of convicted felons is "a huge leap forward" for local crime fighters.

After Heath pleaded guilty in May to charges of sexually assaulting a UH coed and burglarizing three on-campus dorm rooms, he was required to submit a DNA sample for analysis by the Honolulu Police Department's crime lab. The sample was found to match DNA evidence collected by crime lab technicians in the unsolved rape case, according to Carlisle's office.

HPD Major Frank Fujii said yesterday that the DNA database now includes some 10,000 samples and is growing every day.

Fujii said the crime lab is about a month behind in processing samples submitted from convicted felons and about four to six months behind in processing DNA samples from crime scenes.

But he said the lab "prioritizes" the analysis of DNA forensic samples, giving precedence to cases involving violent crimes such as murder and sex assault.

Just this month, a new state law took effect that requires all convicted felons to contribute DNA samples for inclusion in the database, which is linked to a national DNA database maintained by the FBI, said Bridget Holthus of the state attorney general's office.

Previous law required only convicted murderers and sex offenders to provide samples.

The new statute includes not only newly convicted felons but also those already serving time in prison as well as those who have completed their criminal sentences.

"About 30,000 samples need to be provided and processed," Holthus said.

The attorney general's office buys and distributes sample collection kits to law enforcement personnel. The kits include swabs that absorb saliva from inside the mouths of felons as well as prepaid envelopes for mailing the samples to the HPD lab, said Holthus.

The kits are distributed to police departments around the state, parole and probation officers and state Department of Public Safety personnel, she said.

The kits cost $5 each, including postage, said Holthus. HPD charges some $30 for processing of each sample, she said.

Heath provided a DNA sample after pleading guilty in May to the sex assault of one UH student and burglary of three dorm rooms.

Those offenses occurred after the alleged Waikiki rape in April 2007.

Heath told police that he entered a Hale Mokihana dorm room on Aug. 19, 2007, and used a pair of scissors to cut off the underwear of a sleeping 18-year-old female student.

The victim woke up and screamed and Heath told police he pushed the woman away and escaped through a fire escape door.

He also admitted breaking into two rooms at Lokelani dormitory on Nov. 25, 2007, and stealing items while the students in the rooms slept.

The crimes created "a climate of fear" on the campus, according to Deputy Prosecutor Thalia Murphy.

Heath faces a maximum of 40 years in prison for the UH cases.

Heath's defense lawyer in the UH case could not be reached for comment yesterday.

Prosecutors said in May that Heath is the father of two children.

He was married here in September 2005 but that marriage produced no children, according to divorce records on file in Circuit Court.

Heath's wife filed for divorce two weeks before he pleaded guilty in the UH case. The divorce was finalized in June.

The 25th Infantry Division said yesterday that Heath was "administratively separated" from the Army in April of this year.

Heath has asked for a bail reduction while he awaits sentencing in the UH case, but Carlisle indicated yesterday that the new indictment will be used to oppose the request.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.