Defense: New evidence found in Kelly Dwyer case ahead of trial

MILWAUKEE (CBS 58) – At a hearing on Thursday, the defense in the case against a man accused of killing a woman and hiding her body in 2013 said there is new evidence.

At the hearing, Kris Zocco’s lawyers brought up issues with Kelly Dwyer’s computer. They said they were never given a forensic image of the computer and now, they’re told information from it is missing.

Zocco is accused of killing Dwyer during rough sex. On Thursday, the defense said Dwyer’s computer shows that she visited websites involving strangulation in sex acts.

The state says investigators tell them portions of the computer’s information was “zeroed out” and now some information is gone. The state says there is not any substantial evidence on the computer.

“Making this kind of a focal point of the trial is a distraction,” Prosecutor Sarah Beth Hill said. “It’s not like this was an item that had significant evidence on it.”

The defense disagrees.

“The whole point is we don’t know what we don’t know,” Zocco’s attorney Craig Mastantuono said. “If there’s something missing that we’ve never been able to look at, we don’t know what it could’ve contained. That’s relevant.”

Another hearing is scheduled for Friday morning to talk about the evidence. The trial is set to begin on Monday.