A former state trooper in Pennsylvania who is serving a life sentence without parole following his conviction for the 2006 murder of a dentist will not get a new trial, according to a story published November 12 on TRIB Live.
Indiana County Judge Thomas Bianco wrote in an opinion that Kevin Foley, whom jurors found guilty in 2009 of the first-degree murder of 39-year-old dentist Dr. John Yelenic, not only filed the appeal for a new trial 10 years too late but made illogical arguments, according to the story.
In his opinion, Bianco wrote that Foley “failed to bring forth a scintilla of evidence that the decision of the jury should be disturbed,” according to the story.
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 2007 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 amid 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.
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 an 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.
