• Publication: The Athens Observer (Athens, Georgia)
• Author: Elton Manzione
• Original Publication Date: Thursday, June 20, 1996

One question frequently raised by people with regard to the Jennifer Stone murder is why hasn’t Michael Gaines been DNA tested as were more than 50 other subjects connected with the 1992 homicide.

First reports given to The Athens Observer by a source close to the investigation was that Gaines had been tested. Official word is that he has not.

Shortly after the April 1992 slaying of Stone, police tried to get Gaines to submit to the DNA test. Gaines’ former wife, Naomi Fontaine Leavell, said she had been contacted by police regarding blood samples she and Gaines had submitted to establish paternity of their child.

“They asked me for permission to use the blood for a DNA test in the Stone case,” Leavell said. “I gave them permission, but Mike didn’t.”

Several attorneys said since the samples had been offered in the Gaines divorce case, permission of both parties was needed to use the samples for another purpose such as the DNA test.

Officials also point to the fact that Gaines seemingly had an alibi. He was alleged to be in a treatment program at the time of the murder. Which program he was in, however, remains a mystery. Court records only note Judge David Motes was made aware of the facility in chambers, but the name is not part of the official record. Gaines’ uncle reportedly ran a treatment facility in Rabun County at the time.

Court records—of an unusual pre-warrant probation revocation hearing before Motes—paint a confusing picture of Gaines’ whereabouts on the three days surrounding the murder.

Gaines appeared at the hearing on April 22, the day before Stone’s murder, and was again in court to sign the judge’s order on April 24.

An unusual aspect of the hearing was that the order and transcript were issued nunc pro tunc—loosely translated “now for then,” a legal way of backdating documents—to April 15.

A second order at the actual probation revocation hearing was given the same treatment. The order was issued May 29 nunc pro tunc to May 13. The order noted Gaines had “presented evidence he has successfully completed the first four weeks” of the treatment program. Four weeks prior to May 13 would put Gaines in the facility on April 23, the date of the murder, but four weeks prior to May 29 would have him in town and free on that date. The documents have the effect of establishing a paper alibi for Gaines on the date of the murder.

Gaines, who had a documented history of violence against women, was mentioned by at least four people to police as having a possible connection to the Stone murder. He was still not forced to submit to DNA testing—something which has puzzled observers.

The case of James Norman Edwards unfolded in stark contrast. Edwards’ name had also “been mentioned in connection with the Stone murder,” according to published accounts. Edwards had also been “suspected of stealing a 35mm camera,” from his girlfriend’s roommate and, like Gaines, “frequented the same night clubs and associated with the same locally-known ‘towny type’ persons as the victim,” according to an affidavit accompanying the application for a search warrant on Edwards’ person. The affidavit also noted Edwards told several people he had killed Stone or thought he had killed Stone.

Edwards was arrested in Texas and returned to Athens, where a DNA test proved negative for a match to samples taken at the crime scene.

While DNA evidence can be difficult to obtain, one item noted in the warrant for Edwards does not require any probable cause or search warrant to be issued—fingerprints.

Fingerprint evidence would allow police to eliminate or confirm Gaines as a suspect.

Gaines has been arrested several times, and presumably his prints are on file.

One source close to the investigation says fingerprint evidence from the scene isn’t good enough to make comparisons, but published accounts have some officials indicating the evidence was sufficient to compare to known prints. The affidavit in support of the Edwards search warrant also notes that prints taken from the scene “can be compared with fingerprint impressions from known sources.”

Police declined to comment on whether Gaines fingerprints had been compared to those taken from the scene.