Prosecutors will get their DNA sample from accused killer Darnell Carter and statements he made to police investigators will be allowed in at his upcoming trial.
However, Niagara County Court Judge Sara Sheldon Sperrazza barred an identification of Carter, made by a witness from a photo lineup.
Sperrazza ordered Carter to provide a DNA sample so prosecutors can compare his genetic profile against an unknown DNA sample taken from on a baseball cap, a doo-rag and a pair of pants recovered in a search by police at Carter’s mother’s home.
Carter, 23, 416 12th St., is charged with two counts of second-degree murder, two counts of first-degree robbery and one count each of second-degree criminal possession of a weapon and first-degree criminal use of a firearm in the slaying of Falls landlord Robert Biggs on March 20.
Public Defender Christopher Privateer had objected to the request for a DNA sample from his client. Privateer characterized the DNA request as an “invasion of privacy.”
He said the DNA samples prosecutors have are of such poor quality that it would not be worth comparing them to Carter’s DNA.
Sperrazza said statements Carter made to detectives could be used at his trial but an eyewitness identification made from a collection of mugshots could not.
Police say Carter was the triggerman in what they believe was a robbery attempt gone bad outside of an apartment building Biggs owned in the 1500 block of Pierce Avenue. Detectives have said Carter had accomplices but he remains the only person charged in the case so far.
Sources have told the Gazette as many as three other suspects could be charged and prosecutors have confirmed their investigation of the killing is continuing.
Courts
COURTS: Carter must give DNA
Judge orders testing over objections from defense
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