DNA evidence has revived two cold cases in New York City.
The New York Times reports that Mauricio Rosales, 32, was arrested last week because his DNA matched DNA that was found at two rape crime scenes. In November of 2009, Mr. Rosales had to give a sample of his DNA after he pleaded guilty to petit larceny. In New York, if you are convicted of a felony or one of 35 different types of misdemeanors, you are required to give the officials a DNA sample.
The New York Daily News reports that the first rape Mr. Rosales is accused of occurred in 2000. The 11-year-old victim was in her room when a man broke in, robbed her, rapped her, and threatened to kill her if she told anyone what happened.
According to the New York Post, the second rape occurred in 2003, when a 19-year-old woman was also robbed, sexually assaulted, and threatened with a knife. She was taken from her front yard and raped in a driveway.
In addition to these two rape cases, the New York Post reports that Mr. Rosales is also a suspect in at least three other rape cases.
Since there was no suspect for the two cases, in 2004, a "John Doe" indictment connected the two cases. In court, Mr. Rosales's name was put in place of "John Doe." However, his New York criminal defense attorney, Joshua D. Martin claims that the DNA match is not an proof of guilt. In his defense, Mr. Rosales admitted to masturbating at both of the crime scenes, but not to rape.
Related Resources:
- New Policy: Family DNA Matching (The New York Criminal Law Blog)
- John Doe Indictments In New York: An Opportunity to Examine Statutes of Limitations (FindLaw)
- New York Criminal Defense Attorney Directory (FindLaw)
