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'76 murder case not over

Prosecutor vows to fight on despite decision on DNA

By Kevin Vaughan, Rocky Mountain News (Contact)

Published April 22, 2008 at 12:05 a.m.
Updated April 22, 2008 at 9:50 a.m.

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Holly Marie Andrews

Photo by Rocky Mountain News

Holly Marie Andrews

Ricky Lee Harnish remains behind bars on a $750,000 bail.

Ricky Lee Harnish remains behind bars on a $750,000 bail.

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Just 11 weeks after authorities heralded a DNA match that they said cracked the decades-old murder of a Littleton teenager, prosecutors are scrambling to revive a case left in tatters by a judge's ruling.

Clear Creek County Judge Rachel Olguin-Fresquez threw out all charges against Ricky Lee Harnish after concluding that the prosecutors had not established a strong-enough connection between DNA matched to him and the murder of 16-year-old Holly Andrews the day after Christmas in 1976.

"The fight's not over," District Attorney Mark Hurlbert said Monday. "We're still going to try to prosecute this case. We still feel that Mr. Harnish committed this crime, and we're going to go forward with this."

Harnish, 53, remained behind bars on $750,000 bail while Hurlbert decides whether to appeal Olguin-Fresquez's ruling or petition directly to a district judge to refile the charges.

If Hurlbert appeals, he has until Monday. If he decides to petition a district judge, he has until May 8.

Harnish's attorney, Aaron Gaddis, did not return a message left Monday at his office.

Andrews, who struggled as a teenager with drugs and other problems, spent time at the Fort Logan Mental Health Center before returning home shortly before Christmas 1976. Her parents were divorced, and though she lived with her father she also spent time at her mother's Littleton home. On Dec. 26, 1976, she left her mother's home to visit a friend. When she didn't return home, her parents suspected she might have run away.

But the next day, two cross-country skiers found her battered body along a gravel road near Bakerville, five miles west of Georgetown in Clear Creek County. She was naked except for a pair of blue knee socks. She had been raped and repeatedly stabbed.

For a time in the 1980s, serial killer Henry Lee Lucas was a suspect, but authorities came to doubt that he was involved.

Then, in January, a DNA sample taken from Harnish after his conviction in a drug case was matched to semen found on Andrews' body.

He was arrested Feb. 1 and formally charged with raping and killing Andrews.

But after a preliminary hearing last Thursday, Olguin-Fresquez found that prosecutors failed to show "probable cause" that Harnish killed Andrews - despite the presence of his DNA on her body.

Hurlbert said Monday that there is no doubt in his mind that the person who left semen on Andrews' body is the person who killed her.

"It's in Bakerville in December," he said. "I don't think she lay around naked for a few hours."

If Hurlbert decides to pursue an appeal, he would argue, essentially, that the judge was mistaken in her ruling.

He cannot introduce any new evidence.

If Hurlbert decides to petition a district judge to file charges, he would be able to present evidence beyond that which was presented at the preliminary hearing.

"I know that we had enough evidence, and I know we presented enough evidence," Hurlbert said.

"And really, her ruling, to me as I thought about it, wasn't that we didn't present enough evidence but that we couldn't."

In other words, that prosecutors could not tie Harnish to the killing merely because his semen was found on her body.

vaughank@RockyMountainNews.com or 303-954-5019

Comments

  • April 22, 2008

    12:24 a.m.

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    happymike44 writes:

    No one deserves to die like this.To her parents this tragedy is just being compounded by the legal system.I hope her parents can have their day in court.So they can live long enough to see this dirtbag gets what he deserves.

  • April 22, 2008

    1:58 a.m.

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    LOUIE writes:

    I hope this prosecutor does appeal, sex crimes are the worst especially against a child. They used to pay a hell of a price in prison, now they are a protected by the system. Even the convict can't stand this crime; probably the only criminal that both law enforcement and the criminal agree on. I hope the burn him alive!

  • April 22, 2008

    3:51 a.m.

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    LOUIE writes:

    One other thing, these judges serve at mercy of the voter; read what his peers and fellow members of the bar have to say about him. Remember the rulings he issued and his reasoning. Take judge Klien who is handling the land case up in Boulder; don't forget to voice your opinion in the election for retention. Some years ago the Denver voters bounced judge Lynn Huffnagel out, especially after her handling of the Yellow Cab fiasco with attorney Mathis. You as the people decide thier fate; but exercise this power wisely. Sometimes I think the people have short memories. There are a lot of controversial rulings that you may not agree with, but a review of others in the profession can be quite valuable in making this decision. On the federal level, some judges like federal judge Richard Matsch are on the cutting edge of brilliance in the profession, others like Nottingham are a personal embarrassment. Matsch has angered a lot of attorneys in his courtroom, but if you study why it's because the attorney was flagrant in his presentation of law and the case. Matsch challenged the profession to rise to the best of it's ability. Wish we had the power over federal judges, but they have an entirely different system. Make the system accountable, vote!

  • April 22, 2008

    6:42 a.m.

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    holekeeper writes:

    DNA, It has proven people innocent, but now .....this judge is a moron (god I love that word), I cant beleive she threw out this case like that, let the DA fight this out in front of a jury, I dont feel that this is a judged decision (I know how the court system works) but this is stupid, one reason the started requiring felons to take DNA tests upon entering prison was so they could solve cases like this. I have to Blame Bush.

  • April 22, 2008

    8:39 a.m.

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    vudumom writes:

    This makes NO SENSE whay so ever! A judge ruling that a DNA match is not enough to charge a man with a terrible crime? If this ruling stands then DNA should not be allowed to let innocent people out of prison. That's why it makes no sense. DNA is the gold standard of solving crimes. That is why there is a data bank.
    If law enforcement can't run DNA on cold cases through the data bank to see if they can find a match then in a sense this stupid,idiotic judge is saying that the data bank is not legal.
    What is law enforcement going to do? They have solved thousands of cold case through the matching of DNA to criminals in the system. If someone commits a horrible crime like this and gets away with it all these years it's only a matter of time before they commit another one. That's why they have the Database.
    What does a family have to do to get justice in this country? If this judge is saying DNA isn't enough , she is saying that DNA is not the gold standard which has been used to let people free and prosecute people who cannot deny DNA evidence.
    What a moron! ( I love that word too)

  • April 22, 2008

    8:52 a.m.

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    BroncoRick69 writes:

    Holekeeper is right. It is W's fault.

  • April 22, 2008

    9:51 a.m.

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    PonchoVia writes:

    The judge is wrong. "Probable cause" goes to whether the police had sufficient reason to obtain the DNA sample in the first place. And in this case, the guy was already in jail for some other offense, so I think they can legally get his DNA. So there was probable cause to get the DNA and it is validly obtained evidence. Now, the question whether it is sufficient evidence for prosecuting him is clear. I mean, good grief, the guy's DNA was on the girl! It's certainly enough evidence to allow the prosecution to go forward with their case, and let the jury decide if it's sufficient evidence.

  • April 22, 2008

    12:33 p.m.

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    JessiesGirl writes:

    When Holly was murdered she was 16. Harnish was 21. If nothing else,couldn't this be looked at as Statutory rape? She was found outside in December, nude. Why would she have had relations with Harnish, then laid there waiting for someone else to kill her? Come on, his DNA was found on her body, NO ONE ELSES! It doesn't take much to put two and two together!

  • April 22, 2008

    12:57 p.m.

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    happymike44 writes:

    So what I do not understand is why this poor girl had to wait all these years later to get justice.This guy deserves to sit on top of old smokey till his eyes spin around in his head.Now to everyone else you know what a monster looks like stay away from him.To her family I am truly sorry for the way you are being treated by the justice system.You do deserve your day in court to see this man tried and either convicted or aquitted.So that your family may know some sort of justice.No one even a young person with a troubled past.Should ever die alone and at the hands of a monster.I had a friend who was beaten almost to death.He was never the same seizures and other mental problems associated with the attack.He was never the same and his mother was out at the time of the attack at work.He was the second victim the first child next door died from his wounds.That man went to prison and later was found murdered in a grove later after his release.This was truly devestating to both families we knew.So to all you dirtbag scum don't expect me to feel sorry for you when sitting on a jury.

  • April 22, 2008

    2:51 p.m.

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    JessiesGirl writes:

    At the time that this happened, there were several suspects, each of them was cleared. In the 1980's Henry Lee Lucas in his confession of over 600 murders across the country confessed to this one as well. But, there was no physical evidence tying him to this murder. Lucas later recanted this confession. This is the first real connection in 31 years. For those of you that have not read prior stories or know any history of this case, Harnish lived 1 1/2 miles from the victim's home in Littleton. There are so many little details that when added together; point to Harnish.

  • April 23, 2008

    12:02 a.m.

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    hollysdad writes:

    After reading all the comments posted I wish all or at least some of you would be on the jury. we have waited 32 years for some kind of closure.hollys mom died of cancer in 1997 but as long as she was alive looked for the killer.it would be an outrage for harnish to get off because some judge (moron) not to let a jury decide.

  • April 23, 2008

    12:29 a.m.

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    hollyslilsister writes:

    Thank you all for your kind words. I am still speechless over this whole thing. I was only an infant when Holly was taken away from us so horribly. This judge really is a moron!

  • April 23, 2008

    5:07 p.m.

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    Gryphon writes:

    Sound to me like this judge actually knows what she is doing and ruled based on the law not on what she "wants" to do, or on feelings; a judge should never be out to "get" someone, if you look at the story again it said "despite the presence of his DNA on her body.", ON her body and IN her body are two very different things. This Harnish from the story it a reported druggie, not rapist or violent offender, and there is no other information that connects him to the victim. Just a guess but, if the DNA were in her body, and Harnish was violent, I think a different ruling would have been handed down. This judge may just know the law, better than all of us here(LOL). Can we round up more judges like this one and get them on the nearest open bench......To the family, don't be upset with the judge, their hands are tied based on evidence presented.......if you want answers push the DA for them.....in the end neither the Judge nor the DA took Holly......don't blame them!

  • April 23, 2008

    9:57 p.m.

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    Dustin writes:

    I am hollys nephew all though i never knew her i know what effects this has had on my family. This didn't just kill holly it killed my grandmother and it robbed most of the light from my mother and her siblings etc. Justice must come one way or another. Mark My (MAAT) words, Justice (INDUSTRY) in America is warpe. But Universal Justice is NOT and If we invoke the universal Justice, IT WILL COME, and This I have done. So I seek Justice thru Black Magick. Har(T)NisH (LESS) you are Cursed, Let the feather of MAAT weigh as much as the word, as it falls on your Heartless Heart ..Look into his eyes you will see Evil. here is the Mantra to curse this monster. Reading this alone will strengthen the curse +++ ENEMY OF LIFE ~ HATRED AND STRIFE ~ PANICK+PANICK+PANICK ~ BANISH FROM ALL LIGHT ~~~

  • April 24, 2008

    9:37 a.m.

    Suggest removal

    JessiesGirl writes:

    Gryphon, are you suggesting that there was another party there? After Harnish finished having sex with this poor girl, the stabber came along and finished her off. If this is in fact true, Harnish should know the identity of this person and should pass this information along to the authorities so that justice can be served!
    "despite the presence of his DNA on her body.", ON her body and IN her body are two very different things. Yes, but given the fact that his DNA was "ON" her body and she never appeared to have left the scene, I would think Harnish had something to do with this crime. If nothing else, statutory rape.
    Dustin, I also am aware of the pain that this has caused your family, and will chant this mantra every day until justice is served!