DNA twist frees rape suspect — for now

A suspect in two heinous rapes crimes that had Hub college women frightened to walk alone in the fall of 2004 left court yesterday a free man because of a rare technicality where DNA tests could not differentiate him from his identical twin.

Dwayne McNair, 33, of Jamaica Plain and Dedham, was released from an eight-count indictment that charged him with raping two young women with an accomplice, Anwar Thomas. Prosecutors attempted to use a newly developed, state-of-the-art DNA test they said could determine whether Dwayne McNair was the rapist. The test is said to be precise enough to distinguish his DNA from that of his identical twin, Dwight McNair.

Dwayne McNair already had been in jail for nearly two years, and Superior Court Judge Christine McEvoy said the test which could take months to complete would deprive him of a fair and speedy trial.

My concern is the delay in the case based on the request being made so late in the case, McEvoy said, referring to the fact that prosecutors asked for the new DNA test two weeks before yesterdays trial date. Those concerns are very much on my mind, and they have been on my mind.

McNair was indicted in 2012 after Thomas took a plea deal, admitted guilt in the two rapes and said McNair was involved in the vicious crimes. McNairs bail had been set at $3.3 million.

Thomas is due to be sentenced next month. He will get no more than 16 years if he cooperates with authorities, according to Jake Wark, spokesman for Suffolk District Attorney Daniel F. Conley.

However, prosecutors said in a court filing they will proceed with the $120,000 DNA test, which was recently developed by a German firm, Eurofins, with an eye toward bringing Dwayne McNair back before a jury.

Im happy hes out, McNairs mother told the Herald last night. Goodbye, she added when asked about the landmark case.

David Yennetti, a criminal defense attorney not involved in the case, noted the quandary for prosecutors.

On one hand, if they dont have enough evidence to prosecute, he could walk away after trial for good, Yennetti said. Now hes free, and if he does something while hes out there, prosecutors will have to think about it.

Continued here:
DNA twist frees rape suspect -- for now