• Sexual Assault in the First Degree,
• Sexual Assault in the Third Degree
• Unlawful Restraint in the First Degree

The Victim’s mother (who was also Mr. XXX’s wife) claimed to have walked in on Mr. XXX having sexual intercourse with his stepdaughter. The victim’s mother called 911. The victim disclosed this incident to the police and alleged the sexual assault had been happening since the victim was 14 years old. DNA swabs of the victim were taken, and Mr. XXX was eliminated from the vaginal DNA swab but included on the genital DNA swab.

The defense successfully precluded the inconclusive DNA result from the sperm-rich fraction from evidence.