
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, March 5, 1991                   TAG: 9103051255
SECTION: VIRGINIA                    PAGE: B-8   EDITION: EVENING 
SOURCE: By Associated Press
DATELINE: FAIRFAX                                LENGTH: Medium

DEFENSE CHALLENGES EVIDENCE IN CASE OF MISSING VA. GIRL, 5/

The defense began whittling away at what it calls circumstantial evidence against Caleb Hughes, who is accused of abducting 5-year-old Melissa Brannen from a Christmas party in December 1989.

Attorney Peter Greenspun began to unveil the defense strategy Monday after Circuit Court Judge Joanna Fitzpatrick rejected his motion to dismiss all charges against Hughes.

Hughes, 25, was a groundskeeper at the Lorton apartment complex where the girl disappeared.

Fairfax County Commonwealth's Attorney Robert Horan rested his case against Hughes on Monday with testimony from an FBI expert who said blood found in Hughes' car could have belonged to Hughes or the missing girl.

Robert Grispino testified he found blood on one of Hughes' shoes and on tissues and a box in Hughes' car but said there wasn't enough blood on the shoe to determine the blood type.

However, Grispino said the blood found on tissues on the driver's side of the car may have been Hughes'. He also said the blood found elsewhere in the car could be the girl's and definitely was not Hughes'.

Hughes is charged with abduction with intent to defile in the Dec. 3, 1989, disappearance of Melissa. He has pleaded innocent.

The child was last seen at a Christmas party that was attended by the suspect.

Greenspun on Monday tried to undermine Grispino's testimony, noting the blood type at issue is shared by 41 percent of the general population.

Greenspun also made a motion that all charges against Hughes be dropped because, he said, the crux of the prosecution's case was based on circumstantial evidence.

He argued that the prosecution was asking the jury to guess about Hughes' guilt. Horan countered that there was plenty of evidence against Hughes.

Greenspun opened the defense's case with Heidi Rawlins, 22, who lived with Hughes and his wife for two months late in 1989.

Rawlins testified it was not unusual for Hughes to do laundry late at night - behavior the prosecution has cited in building its case against Hughes.

In other testimony, William Nelson, a Prince William County police officer dispatched to Hughes' residence the night Melissa disappeared, said Hughes had not returned home by 1 a.m. The girl vanished about 10 p.m.

Hughes has said he bought some beer and took a long route home that night. Hughes lives about 20 minutes from the apartment complex.

by CNB