A former state trooper in Pennsylvania who is serving a life sentence without parole following his conviction for the 2006 murder of a dentist is seeking a new trial, according to multiple news stories.
A judge is expected to rule within 30 days whether Kevin Foley, whom jurors found guilty in 2009 of the first-degree murder of 39-year-old Dr. John Yelenic, will get another day in court. Over the years, Foley, who was dating Yelenic’s estranged wife at the time of the dentist’s death, has sought many appeals and lost.
In 2006, a child who lived near Yelenic discovered the dentist at his home in Blairsville, PA. Yelenic had been slashed multiple times with a knife, and his head had been rammed through a small window, cutting his throat.
It wasn’t until about a year later that Foley, now 60, was arrested for Yelenic’s murder. At the time, Foley and Yelenic’s estranged wife, Michele, were living together. The Yelenics were in the midst of what was described as a bitter divorce that included allegations of child molestation, protection from abuse orders, and threats. The dentist was expected to sign divorce papers the day his body was found, according to news stories.
In the current appeal, Foley's defense said there may be new information on the child abuse allegations made against Yelenic, which were determined to be unfounded in 2009, that may have changed the defense strategy and, ultimately, may have affected the outcome of his trial, according to stories.
Throughout his trial, Foley maintained his innocence.
Additionally, Yelenic’s murder gained attention internationally due to the landmark use of TrueAllele DNA analysis that helped convict Foley.
The TrueAllele interpretation system established a precedent using this advanced computer-based method for analyzing complex DNA mixtures. This system proved to be more advanced and accurate than traditional methods, including ones used by the FBI, in linking Foley to crime scene DNA found under Yelenic’s fingernails.
