Suffolk County prosecutors have temporarily dropped rape charges against a man they accused of attacking two women in Forest Hills and Mission Hill nearly ten years ago - but only so that they can re-test his DNA to rule out the chance his identical twin was actually the attacker.
Dwayne McNair was nearing his trial date for on charges he pistol whipped and raped women in Forest Hills and Mission Hill in September, 2004 when prosecutors asked a Suffolk Superior Court judge to delay the trial so that they could use a new type of DNA test that its German manufacturer says can differentiate between identical twins.
However, Superior Court Judge Christine McEvoy said the delay would deprive McNair of a fair and speedy trial.
Prosecutors then submitted a nolle prosequi filing, in which they dropped the charges against McNair - letting him walk out of custody. But in their filing, the DA's office said it will re-file the charges against McNair if the test - which could take ten weeks to complete - shows DNA found on his victims was his.
In addition to the DNA evidence, prosecutors are also counting on testimony from a second man charged in the attacks, who accepted a plea deal and agreed to testify against McNair, whom he says he can readily tell apart from his brother.