Commonwealth v. Kostka
Annotate this CaseChristopher Kostka’s twin brother, Timothy Kostka, was indicted on charges of murder in the first degree and armed home invasion. The Commonwealth filed a motion to compel Christopher to provide a saliva sample from which it may obtain Christopher’s DNA, arguing that the DNA sample was necessary in order to determine whether Christopher was the identical or fraternal twin of Timothy. The trial judge allowed the motion, concluding that the DNA sample was relevant to establishing whether the DNA found under the victim’s fingernails matched Christopher’s and that a sample of Christopher’s DNA would “probably” provide evidence relevant to the question of Timothy’s guilt. Christopher refused to comply with the order to compel, and a judgment of contempt was entered against him. The Supreme Judicial Court reversed, holding that Christopher’s DNA was not shown to be sufficiently relevant or important to the question of Timothy’s guilt or innocence so as to outweigh the constitutional rights of Christopher, an uncharged third party in the criminal proceeding.
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