Justice Joanne D. Quinones

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Wright, charged with burglary and robbery, opposed prosecutors' motion to compel him to provide a buccal swab sample for DNA testing. A plastic zip tie left at the scene of the crime, allegedly used to attempt to tie the victim, was swabbed for possible DNA evidence, and revealed two contributors. Wright alleged prosecutors failed to meet the standards of Matter of Abe. A. as they failed to establish probable cause to believe he was involved in the crime, or that material evidence would be found in ordering his DNA. Alternatively, he sought a protective order precluding OCME from adding the sample to its database in the event prosecutors' motion was granted. The court found the statutory provisions were met and prosecutors satisfied the requirements under Abe A., as probable cause to believe Wright committed the crime was established by a grand jury voting a true bill on the indicted charges, and the statement of an identified citizen complainant was sufficient to establish probable cause for an arrest. Also, it found a clear indication the evidence sought would provide relevant information that may be used for comparison, confirmation or elimination purposes. Further, the method to be used to obtain DNA was minimally invasive, and both motions were granted.

Justice Joanne D. Quinones