Court rules man has to provide DNA sample that could implicate brother in South Boston murder

The Massachusetts Appeals Court ruled today that Christopher Kostka can be ordered to provide a DNA sample that could rule him out as a possible suspect in the 2012 stabbing murder of Barbara Coyne - but bolster the case against his twin brother, Timothy.

The Suffolk County District Attorney's office says that it needs the DNA sample to see if the two are fraternal twins, rather than identical ones. And if they are fraternal, then the case against Timothy Kostka can continue, based on DNA recovered from under Coyne's fingernails and on a jewelry box in her bedroom.

In its ruling, the state's second highest court agreed with a Superior Court judge who had found Christopher Kostka in contempt for refusing to allow his mouth to be swabbed for DNA, under a 2006 Supreme Judicial Court decision in a case with similar issues.

In that ruling, the court held that apparent third parties not charged with a crime could be compelled to provide a DNA sample if prosecutors showed probable cause that a serious crime had been committed and if they could show the evidence they expect would directly relate to the suspect's possible guilt.

In the Kostka case, the appeals court ruled the fact that Timothy Kostka had been indicted for armed robbery and murder was probable cause enough and that a DNA sample was the only way to ensure the DNA found at the crime scene was Timothy Kostka's and not his brother's.

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Comments

Follow this dude around

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Pick up his discarded cigarette butts, beer bottle or napkin from Sullivan's. Do the DNA test, then throw his punk brother in jail for the rest of his life.

Sully's Closed a year ago.

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I believe he just graduated from Mass Maritime a couple weeks ago... Twin was a fool, but Chris was a good kid.. Have a nice weekend..

No it didn't

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I just had a hotdog there today for lunch, then walked the Sugarbowl.

sorry...

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Wasn't talking about the snap Dog king...

A heinous act was committed,

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A heinous act was committed, my heart and sympathy are for Mrs. Coyne's family. But your words are those of an ignorant fool and I get sick at the thought that other brainwashed sheep may share persecutory belief system. Every infringement on against liberty, small or large, is one step closer to tyranny

A Right to protection from self-incrimination

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How has our cockeyed justice system twisted the logic of forcing DNA from a suspect as not being a complete abjuration of a defendant's rights under the Constitution's Fifth Amendment?

Not a suspect

The individual being forced to provide DNA is not a suspect and has not been accused of any crime.

Did you happen to read the

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Did you happen to read the article? If not, may I suggest the first paragraph

What?

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If he's an identical twin, then how does the non-defendant have to waive his Fifth?

Since the court has no ability to differentiate, then why wouldn't the law side with supreme caution??