After Heuermann’s arrest, his wife, daughter and stepson voluntarily provided cheek swabs for DNA analysis. However, Heuermann still has not.
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Without a DNA sample taken directly from Heuermann’s mouth, as opposed to items such as a water bottle or partially eaten pizza, forensic biologists at the Suffolk County Crime Lab are limited in how they can testify at trial regarding Heuermann’s DNA profile.
According to the criminal court documents, forensics biologists would only be able to reference the pizza crusts and napkin as believed to be “used or touched” by Heuermann and would not be allowed to say it is his DNA profile.
“If the defendant’s DNA from a buccal swab sample matches the mitochondrial DNA profile developed from the hair recovered from Megan Waterman’s remains, there is scientific evidence of the Defendant’s contact not only with Ms. Waterman and where her remains were discovered, but also with the burlap utilized to restrain and transport her human remains,” Assistant Suffolk County District Attorney Michelle Haddad said in the court filings.
Prosecutors also argued that a denial of a cheek swab could deprive Heuermann of a crucial defense at trial if his DNA from the swab does not match the DNA profile from the pizza crusts and napkin.
The defense, which did not return a request for comment, has until next week to oppose the motion. Otherwise, Heuermann will have to provide a cheek swab by August 15.