October 12, 2008
DNA testimony allowed
Judge in limo case sets stage for evidence about match between initial blood sample and results of new test
A Nassau judge yesterday allowed testimony about a DNA test that links Martin Heidgen to a blood sample that prosecutors say shows he had as many as 14 drinks in his system when he crashed his pickup truck into a limousine, killing two people.
Acting State Supreme Court Justice Alan Honorof also said outside the jury's presence that he believes Heidgen, who is on trial for murder in the case, has shown a pattern of manipulating evidence, from purposely contaminating his DNA sample to coaching his friends on what they should tell police.
Prosecutors have accused Heidgen of somehow mixing his saliva sample with another man's bodily fluid to trip up a DNA test. After the results of the saliva test came back with two men's DNA in it, Honorof allowed prosecutors to do a second test by drawing blood, which prosecutors said would make it more difficult for Heidgen to contaminate the results.
One of Heidgen's friends testified Monday about a letter Heidgen wrote him from jail months after the crash, in which he admitted lying to police when they first questioned him, before he knew people were dead, according to his lawyer. In the letter, Heidgen said that to protect friends who had given the party he attended, he told police he had been drinking at home alone after a fight with his girlfriend.
"It's almost like a pattern is developing where a defendant would try to make sure that stories matched, and at the same time deliberately tamper with the DNA sample so as to provide a false result to the court," Honorof said.
Heidgen, 25, of Valley Stream, is accused of driving drunk the wrong way on the Meadowbrook Parkway, hitting the limousine as it returned from a wedding in Bayville. Killed were the limo driver, Stanley Rabinowitz, 59, of Farmingdale, and Katie Flynn, 7, of Long Beach, who had been a flower girl in her aunt's wedding.
Witnesses who helped draw Heidgen's blood for the DNA sample testified yesterday. Others are expected to testify that DNA from this sample matches that drawn from Heidgen the night of the crash, which had a blood-alcohol level three times the legal limit.
Heidgen's lawyer, Stephen LaMagna of Garden City, may still object to use of the original blood test, saying the fact that State Police mishandled it may mean it was contaminated.
LaMagna would not comment on allegations that Heidgen has manipulated evidence, saying they have nothing to do with the charges.
Also yesterday, prosecutors continued to investigate whether one of Heidgen's fellow inmates at the Nassau County jail might have provided him with saliva or semen in order to trip up the DNA test.
A source close to the case said prosecutors are zeroing in on their suspect, who they believe was involved in a statutory rape case in 2003 in which no one was ever charged. District attorney's office spokesman Eric Phillips said when prosecutors find out who supplied Heidgen with DNA, they will pursue charges against the co-conspirator.
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