Cold Case: Newport Beach Murder Solved With DNA

NEWPORT BEACH, CA —After a 41-year investigation, Newport Beach police have identified the person responsible for the brutal murder of Judy Nesbitt.

Kenneth Elwin Marks was positively identified in the murder of Judith 'Judy' Conklin Nesbitt through the use of genealogical DNA, Newport Beach police said Monday in a statement. Though Marks died in 1999, police say he was never identified as a suspect in her murder while he was alive.

It was Wednesday before Thanksgiving weekend in 1980 when Nesbitt, a mother of four, arrived in Newport Beach. She was to show the family's 36-foot cabin cruiser "The Felicidad IV" to a potential buyer, according to Newport Beach Police spokeswoman Heather Rangel.

Police said that "at approximately 1 p.m. (that day), the man, now known to be Kenneth Marks, followed Judy into the sleeping quarters of the boat and accosted her," Rangel said. After a violent struggle, Marks shot Judy in the head and stole her credit cards, checkbook and cash from her purse before fleeing the scene.

Though he died in California, he was buried in Bridgeport, Texas, leaving behind his father, brothers, sisters and the unsolved murder of Judy Nesbitt.

Generations of Newport Beach police officers were intent on finding the person responsible for her violent death.

With the advent of DNA profiling, Newport Beach Police kept pursuing leads in Nesbitt's murder.

In 2002, investigators were able to create a limited DNA profile based upon the roots of the hairs, Rangel explained. Researchers entered the DNA profile into the FBI's CODIS system. For nearly 20 years, that sample was unmatched.

Enter Green Laboratories, LLC.

In 2018, Newport Beach Police went to work with experts to further expand the DNA profile with remaining evidence: hair roots pulled from the suspect that remained in limbo since 1980.

Green Laboratories was able to make a more expansive DNA profile based upon hair shaft DNA, something that hadn't been attempted before. Genetic Genealogist CeCe Moore was able to extract the familial DNA and, after a time and thorough genetic genealogy research, identified Marks as the killer in this case.

This was the first time that DNA collection strategy had been used in a criminal investigation in the United States, according to Rangel.

Newport Beach Police arrived at the home of the Nesbitt family, letting them know that the genealogical DNA search was over. Judy's murder was solved, according to Police Chief Jon T. Lewis.

He spoke on the dramatic turn of events in the cold case that has hung heavy in the hearts of our community, our department, and the Nesbitt family since the 1980s.

“Kenneth Marks has passed away, but he no longer gets to hold the secret of his deeds," Lewis said in a prepared statement. "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.”

The Newport Beach Police Department thanked numerous law enforcement partners, the Orange County District Attorney’s Office, the Orange County Crime Lab, the Texas Rangers’ Department of Public Safety, and the Wise County Sheriff’s Department for their assistance and commitment to this investigation.

Additionally, they thanked non-government organizations for their commitment and assistance, Green Laboratories, Astrea Forensics, Family Tree DNA, Verogen, Bode Technologies, and the University of North Texas.