DA fighting for twin’s DNA test to be accepted in trial
New twin-splitting technology is being put to the test for the first time ever in a Hub courtroom this week, and Suffolk prosecutors hope the new-age science can finally help solve a pair of rapes that occurred nearly 15 years ago.
An old DNA test couldn’t separate the chief suspect in the case, Dwayne McNair, from his identical twin brother, Dwight McNair. That issue put Suffolk District Attorney Daniel F. Conley in a tight spot, and in 2014 he temporarily dropped charges stemming from a pair of 2004 rapes so he could see if a new test developed in Germany would work.
Prosecutors say it did, and that it conclusively shows that Dwayne McNair’s DNA was in a condom he allegedly used during the crime. That potentially damning piece of evidence only exists because a quick-thinking woman McNair is accused of raping kept the condom and brought it to authorities.
Dwayne McNair was eventually re-indicted, and now Conley’s office must prove that the test is worthy of being used in a Massachusetts court.
After going through the extensive methodology used by Germany-based Eurofins Scientific to differentiate the McNair twins yesterday, Suffolk prosecutor David Deakin asked his expert how likely it is that Dwight’s DNA was found.
“The scenario is extremely unlikely,” said Dr. Burkhard Rolf, head of DNA services Eurofins.
But Robert Tobin, Dwayne McNair’s defense attorney, went on the offensive, arguing that the science is relatively new, completely untested by other scientists and has never been considered in any courtroom — anywhere.
“This has never been entered into evidence in any court in the whole world, right?” Tobin asked. “Not yet,” Rolf said. The $120,000 test is vital to the rape case, and if Superior Court Judge Linda Giles allows a jury to consider its results, it would be akin to an admission. That’s why a line of experts are expected to testify about the merits — and faults — of the test in the coming days.
“It has not been accepted in the forensic community, has it?” Tobin asked Rolf.
“What does accepted mean?” Rolf responded. “It has not been performed very often, but that doesn’t mean it hasn’t been accepted.”
The test has been published in one peer-reviewed journal, and according to Rolf no one has debunked the science.
But there is no clear answer as to whether Massachusetts will break the mold and allow this science into court.
“It’s an interesting experiment,” Tobin said, his arms full of files as he left the courtroom. “It’s just not ready for prime time.”