Mistrial Declared in 1986 Murder Case of Kathleen Flynn Due to Evidence Contamination Allegations

A mistrial was declared in the murder trial of Marc Karun, 60, concerning the 1986 rape and murder of 11-year-old Kathleen Flynn in Norwalk, Connecticut. The mistrial was prompted by allegations that Flynn's body was placed in a used body bag, raising concerns about potential contamination of evidence. The claim emerged from an email sent by retired Norwalk police lieutenant Robert Fabrizzio, who reported that a state crime lab official had informed him of the body bag issue shortly after Flynn's death.

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Kathleen Flynn was last seen on September 23, 1986, after leaving school. Her body was discovered the following day in a wooded area, and she had been sexually assaulted. Marc Karun, who was 21 at the time of the murder, was arrested in 2019 after advances in DNA testing linked him to the crime. He has a history of sexual offenses, having previously been convicted of assaulting or kidnapping four other female victims in the 1980s.

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Judge John Blawie, who presided over the trial, expressed his concerns about the fairness of the proceedings, stating he felt compelled to declare a mistrial due to the new evidence. He emphasized that this decision does not dismiss the case against Karun, and a status conference has been scheduled for later this year. State's Attorney Paul Ferencek expressed disappointment over the mistrial, noting the long wait for justice by Flynn's family. He stated, “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.”

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Ferencek opposed the mistrial motion, arguing that the information provided by Fabrizzio was unreliable and lacked evidence that Flynn's body had indeed been placed in a used body bag. He highlighted that the claim was troubling, especially given the absence of a record until the trial. Karun's defense attorney, Francis O'Reilly, contended that the defense was placed in an “irreparable position” due to the allegation, which they needed time to investigate further.

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There is a discrepancy regarding the reliability of the claim about the body bag. While Fabrizzio's email raised concerns about evidence contamination, Ferencek stated that there was no evidence supporting the claim. Additionally, the death of Dr. Henry Lee, the state crime lab official who allegedly communicated the body bag information, complicates the investigation, as he cannot be questioned further.

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• “I don’t want to do this, but on the other hand, I feel I don’t have a choice,” — Judge John Blawie

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• “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,” — State's Attorney Paul Ferencek

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• “He was concerned about contamination of evidence,” — Robert Fabrizzio, Retired Norwalk Police Lieutenant

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The case against Marc Karun remains open, with further investigations into the allegations of evidence contamination expected to shape the future of the trial.

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