New DNA technology used to identify killer in 1980 cold-case murder

Police in California have used a cutting-edge DNA extraction method and genetic genealogy to identify a now-deceased suspect in the cold-case murder of a married mother-of-four that rocked a coastal community in 1980. 

The Newport Beach Police Department announced on Monday that Kenneth Elwin Marks, who died in 1999 at the age of 44, was the person who shot and killed Judith Nesbitt, 42, while she was showing her family's boat for sale. 

According to investigators, the suspect's DNA was extracted from the shafts of hairs that were collected at the scene of the crime, marking the first time this method was used to identify a murderer in the US.

'This is a case that has hung heavy in the hearts of our community, our department, and the Nesbitt family,' said Newport Beach Police Chief Jon Lewis. 'Kenneth Marks has passed away, but he no longer gets to hold the secret of his deeds. 

'Through incredible advances in technology, and the tireless dedication of these investigators, we now have some closure for all who knew and loved Judy Nesbitt.'

Nesbitt, a married mother of four children, was killed on November 26, 1980, while showing her family’s boat, the Felicidad IV, to a man she believed to be a potential buyer. 

At about 1pm, the man, now identified as Marks, followed Nesbitt into the sleeping quarters of the boat and attacked her. 

After a violent struggle, Marks allegedly shot Nesbitt in the head and stole her credit cards, checkbook, and cash from her purse before fleeing the scene.

Fred Nesbitt, the victim's husband of 22 years, later arrived on the scene and found his wife dead. She left behind the couple's three sons and a daughter.   

According to a published obituary, Marks died of cancer in April 1999 without being identified as the suspect in Nesbitt’s murder in his lifetime. 

Nesbitt, a married mom-of-four, was attacked and killed while showing the family's boat, Felicidad IV (pictured) to a prospective buyer

A photo shared by Nesbitt's daughter, Lisa, shows her mother before her death 

The case was ultimately solved thanks to hairs from the hitherto unknown suspect that were kept as evidence for 40 years.  

In 2002, a limited DNA profile was extracted from the roots of these hairs and entered into the FBI’s CODIS system, but the profile never matched with any other entries in the database. 

Three years ago, experts at Green Laboratories, an independent analytical testing facility, were able to extract a more expanded DNA profile from the remaining hair shafts, making it the first extraction of its kind. 

Investigators then employed genetic genealogy techniques with the help of Family Tree DNA, a commercial genetic testing company, to identify Marks as the alleged killer.