The first two witnesses were called to the stand ahead of Greg Gubernot’s murder trial Monday (4/12/10). Gubernot’s trial is set to officially begin June 7. But, two witnesses from the Wisconsin State Crime lab are pregnant and due to have their babies around the time of the trial. Monday, their testimony was recorded so a jury can later hear it at the trial.

Gubernot is charged with first degree intentional homicide in the murder of his live-in girlfriend Theresa Still of Altoona. Investigators say he killed her in late December. Court documents show a hunter found her body two days later in Adams County.

Monday, forensic analyst Catherine Kohl testified that a blood/saliva sample found in the trunk of Still’s car contained Still’s DNA. During his cross-examination, Gubernot’s attorney, Peter Thompson, questioned Kohl about how long the DNA may have been there. With cold weather, Kohl said “it’s possible” it could’ve been there for weeks.

Kohl also testified that “Gubernot was a possible contributor” to DNA found on Theresa Still’s fingertip. When Thompson asked Kohl about the likelihood of a man’s DNA being found on the fingertip of a woman he lived with, Kohl said it would be “not at all” surprising.

District Attorney Rich White’s second witness Amanda Hanson is a toxicologist with the Wisconsin State Crime Lab. Hanson said alcohol and drug tests for Theresa Still both came back negative.

A legal expert tells WEAU 13 News this type of early testimony is rare. Local defense attorney Harry Hertel isn't connected with the case, but says pre-recorded testimony usually doesn't happen.

"It's extremely rare. I've been doing criminal law for 34 years and I’ve only had it happen in one case so far,” Hertel says. “So, it's something that comes up in unusual circumstances."

Hertel says video recorded testimony could present challenges to both the defense and the prosecution because the jury can't see the witness face-to-face. But, he says testimony about DNA evidence generally has less emotional impact on juries.

"Generally with DNA, it deals primarily with scientific methodology and the conclusions from the testimony,” Hertel says. He says he believes with improving technology, videotaped testimonies may become more common.

White and Thompson both declined comment after Monday’s testimony. Gubernot is being held in the Eau Claire County jail on a $1 million bond.