September 12, 2014

Boston DA Reinstates Charges After High Tech DNA Test Separates Twins


[From article]
The old DNA technology couldn’t tell the chief suspect in the case, Dwayne McNair, from his identical twin brother, Dwight. That threw a monkey wrench into the case. It was like an episode of “CSI”.
So Conley decided to drop the charges with the hope that new, state-of-the art technology would differentiate Dwayne from Dwight and allow prosecutors to re-indict him for the two 2004 savage attacks.
The decision paid off, and last Friday — armed with new evidence dredged up by German DNA-splicing technology — prosecutors convinced a Suffolk grand jury to indict Dwayne McNair on 10 charges. He will be arraigned Monday.
[. . .]
When McNair goes on trial, though, so too will the science that helped indict him. Since Eurofins’ test has never been used in a Bay State courtroom, McNair’s defense attorney, Robert Tobin, can argue that it isn’t reliable in what’s called a “Daubert/Lanigan” hearing.

http://bostonherald.com/news_opinion/columnists/2014/09/mcgovern_suspect_reindicted_after_new_dna_test

McGovern: Suspect reindicted after new DNA test
Dropping charges worth the risk
Thursday, September 11, 2014
By: Bob McGovern
Boston Herald

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