Police: DNA proves wrong man arrested

KETTERING, Ohio (WDTN) - Charges have been dropped against a Dayton man accused kidnapping and sexual assault.

A spokesperson with the Kettering Police Department told 2 NEWS that DNA testing proved that Joseph M. Budz, 49, is no longer their suspect in the Jan. 26 abduction of a woman in the Big Lots parking lot on Wilmington Pike.

Budz was arrested Jan. 28 after being stopped for jaywalking by a Kettering patrol officer who noticed Budz's resemblance to the police artist's sketch of the suspect from the assault.

After police took Budz into custody, the victim of the assault made what police said was a positive identification and Budz was booked into jail on charges of kidnapping, gross sexual imposition and felony theft.

2 NEWS spoke with a criminal justice expert about the flaws in eyewitness testimony.

"We're really poor at describing assailants," says Dr. Michael Norris, Assistant Director of Criminal Justice Studies at Wright State. "Especially if you're under a lot of stress, which happens if you're violently attacked, that can further corrupt the perception."

He says no matter what, police have to be careful about relying solely on line-ups or sketches.