Judge Declares Mistrial in 1986 Murder Case

A Connecticut judge has declared a mistrial in the case involving the rape and murder of an 11-year-old girl, citing new evidence from decades ago.

Mark Calun, aged 60, faced charges of murder and kidnapping related to the death of Kathleen Flynn. Flynn was a sixth grader who went missing while walking home from Ponus Ridge Middle School in Norwalk on September 23, 1986. Tragically, her body was later found in a wooded area near Hunters Lane.

Calun was arrested at his home in Stetson, Maine, in 2019 after the cold case was reopened, likely due to advances in DNA technology that linked him to the crime. However, during his trial last week in Stamford, prosecutors received an email from a former police lieutenant indicating that state crime lab officials had revealed that Flynn’s body may have been placed in a used body bag post-discovery. Concerns about this potential evidence tampering prompted Judge John Blawie to declare a mistrial, though the charges against Calun remain in place.

The former officer, Robert Fabrizio, had expressed worries about the implications of this revelation, which was particularly unexpected for law enforcement officials involved in the case, as indicated by Rick Green, a spokesperson for the Connecticut state crime lab.

Interestingly, the individual who reported the body bag issue, 87-year-old Henry Lee, was a noted forensic scientist with a history of high-profile cases, including the O.J. Simpson trial. It’s worth noting that he passed away last month.

State Attorney Paul Ferencek expressed disappointment at the turn of events, particularly for Flynn’s family, who have been seeking justice for nearly 40 years. He stated that the situation is a setback for those pursuing closure in this long-standing case.

Meanwhile, prosecutors are collaborating with the medical examiner’s office and the crime lab to verify the authenticity of this troubling new evidence.

Calun’s past is also significant; he had already served 10 years in prison for other crimes involving kidnapping and sexual assault in the 1980s. Following his arrest for Flynn’s murder, police discovered almost 90 firearms in his Maine home, which he was prohibited from possessing due to his felony record. He subsequently pleaded guilty to federal gun charges and is awaiting sentencing.

Calun remains in custody with bail set at $5 million, while the state attorney’s office and his legal representation have not yet responded to inquiries regarding the mistrial.