JACKSONVILLE, Fla. – Despite the mystery surrounding the July disappearance of Lonzie Barton, one thing seemed certain: the identity of his parents. Lonna Barton was his mother, and Chris Barton was his father.
While he was a presence in Lonzie's life, DNA evidence in the case obtained by First Coast News suggests Chris is not the child's "biological" father.
"This person is not the father of that child," says Nancy Peterson, a former Florida Department of Law Enforcement specialist and DNA/forensics expert witness who reviewed the data. According to Peterson, the DNA profiles of Lonzie, his mother Lonna, and Chris Barton contravenes Chris Barton's own sworn statement, police reports, court records – and the claims of the boy's mother.
"He's definitely eliminated from being the father," she told First Coast News.
DNA profiles consist of 16 alleles -- groups of two numbers that represent specific gene patterns. One number matches the mother, and the other matches the biological father. If more than three of the 16 don't match, paternity is excluded – definitively. In the case of Chris Barton, 9 did not match.
The state also collected DNA from Lonna's then-boyfriend, Ruben Ebron -- the man police consider the chief suspect in the boy's disappearance -- and the couple's landlord. According to Peterson, the DNA is conclusive on them as well. "These three males are not the father of this child. Period."
First Coast News is unable to see who is listed on Lonzie's birth certificate because those are exempt from Florida's public records law.
The fact that the DNA contradicts what the courts and law enforcement believed is a surprise. But it's not clear if it has legal implications for the state's case against Ruben Ebron. If a crime scene is eventually discovered, Criminal defense attorney Janet Johnson says DNA could be used to discern a person's presence – or absence. But without a crime scene, she wasn't sure evidence of paternity would even be admissible.
"Quite frankly what's the relevancy of that? Does it tend to prove or disprove somebody did something? Not really. Unless you could say that Mr. Barton had just found out this isn't his child, and that's why he flew into a fit of rage. But that would be a really tough thing to bring in front of a jury unless you had some evidence."
Assistant State Attorney Richard Mantei, the lead prosecutor in the case, wouldn't comment on whether the evidence would figure into trial. However, he noted, "The paternity of children in question would not matter from a legal perspective, because you can neglect a child that is your own and you can neglect a child that isn't your own."
The Public Defender's Office was not available to comment before deadline.
Chris Barton is currently in the Baker County jail on drug charges. Lonna Barton and Ruben Ebron are in Duval County Jail on charges of child neglect and lying to police. None have been charged in the boy's death or disappearance. Without a body or a crime scene, proving anyone harmed the missing child is a tall order.
"Every time there's a dad, there's a mom, there's a child, there's a boyfriend, there's a million motives we could all come up with," says Johnson. "Jealousy is right at the top of the list. But that's not necessarily going to help convict somebody."
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