ORLANDO, Fla.Federal prosecutors may be facing a significant evidentiary challenge in the murder case against Timothy Hudson, the teenager accused of raping and killing his stepsister, Anna Kepner, aboard a family cruise ship.

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Newly unsealed court transcripts reveal questions about whether investigators collected or analyzed DNA evidence that could directly identify who strangled Kepner, whose cause of death was ruled asphyxiation.

No murder DNA?

What we know:

According to court transcripts from a hearing last week, Hudson’s defense team focused heavily on the forensic evidence surrounding Kepner’s death.

During cross-examination, defense attorneys questioned the FBI’s lead case agent about whether investigators attempted to recover DNA from injuries on Kepner’s neck.

Defense: “The proffer described marks and bruises to [Anna’s] neck. Was any attempt ever made to lift DNA from areas of her body to indicate who may have strangled her?”

FBI Agent: “I’m not sure. Of that I’m not sure, no.”

Defense attorneys then pressed the agent on whether he would have known if such testing had been performed.

Defense: “Again, you’re the case agent. You would have been privy to that information if it in fact existed?”

FBI Agent: “Yeah, I would say so.”

The defense also questioned whether the medical examiner could determine if the person who allegedly sexually assaulted Kepner was the same person responsible for her death.

Defense: “Was the assistant medical examiner able to determine whether the same person who was involved in the intercourse with Anna was the person who killed her?”

FBI Agent: “I don’t think they made that determination.”

How this complicates the case

The apparent lack of direct DNA evidence connecting Hudson to the act of strangulation could become a key issue at trial.

Defense attorneys are expected to argue that prosecutors cannot conclusively prove Hudson was the person who killed Kepner, even if they present evidence tying him to other aspects of the case.

Because the alleged crime occurred aboard a cruise ship, where multiple people may have had access to the area, the defense could use the absence of homicide-related DNA evidence to create reasonable doubt for jurors.

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Without forensic evidence directly identifying who caused Kepner’s fatal injuries, prosecutors may have to rely more heavily on circumstantial evidence and the overall timeline of events.

What they’re saying:

Space Coast criminal defense attorney Geoffrey Golub, who is not involved in the case, said the defense appears focused on raising questions about who actually killed Kepner.

“They’re trying to show reasonable doubt as to who choked her,” Golub said. “The argument is—how do you know?”

Golub said the lack of DNA evidence tied specifically to the strangulation could give defense attorneys an avenue to challenge the government’s theory of the case.

Other legal observers say a murder case does not necessarily rise or fall on DNA evidence alone.

Retired detective Jamie Copenhaver, who is not affiliated with the case, said jurors will likely consider all the evidence collectively rather than focusing on a single forensic issue.

“Look at the evidence in totality,” Copenhaver said.

He pointed to allegations that Hudson placed a “Do Not Disturb” sign on the stateroom door and disposed of Kepner’s phone after her death.

According to Copenhaver, those actions could be viewed by jurors as evidence of consciousness of guilt, even without DNA evidence directly linking Hudson to the strangulation.

What’s next:

The newly unsealed testimony is likely to become a focal point as both sides prepare for trial.

Defense attorneys are expected to continue highlighting gaps in the forensic investigation, while prosecutors will seek to persuade jurors that the overall body of evidence proves Hudson’s guilt beyond a reasonable doubt.

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Timothy Hudson’s trial is currently scheduled to begin in September.

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