Answer Brief of Appellee - Florida State University College of Law

Berger was found buried in a shallow grave. The Georgia Bureau
of Investigation was contacted and Berger’s body was excavated.
(R672). Berger was bound and gagged, wearing nightclothes.
(R674). She was wrapped in a white sheet, placed in a body bag,
and taken to the medical examiner’s office in Atlanta, Georgia.
(R675).
During the autopsy, vaginal swabs were obtained. FDLE
conducted DNA testing. The swabs matched the semen of the
defendant, Johnnie Hoskins. (R676).
Sarver conducted a search of the residence where Hoskins’
had been staying near Berger’s home. A spool of plastic white
cord, consistent with the bindings used on Berger, was found on
the back porch. (R677).
On cross-examination, Sarver said Hoskins had minor
abrasions on his hands when he first saw him in Georgia. (R681).
Dr. Kris Sperry, chief medical examiner for the State of
Georgia, performed the autopsy on Dorothy Berger. (R690, 695-
96). Berger had a “unique” laceration on the left side of her
scalp that was different than the other lacerations on her face
and head. She was struck several times with a blunt, narrow
weapon. (R705). In addition, there were “a number of bruises
scattered about her face ... a larger bruise ... in front of
the left ear ... a lot of bruising around both of the eyes ...
bruising distributed about the facial surfaces.” (R706). There
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