July 26, 2007

Grand Jury Indicts Heidgen on Tampering Charge

DNA test during murder trial came back with “mixed” results, prompting investigation and indictment

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that a Nassau County grand jury has handed up an indictment charging Martin Heidgen, 26, currently incarcerated in the Nassau County jail, with tampering with his court ordered DNA test during his murder trial last year.

Tampering with Physical Evidence is a Class E felony punishable by up to four years in prison, time which, in the event of a conviction, could be added to the 18 years-to-life Mr. Heidgen received last month after a jury found him guilty of murder, assault and DWI.

“We believe this defendant did everything he could to thwart justice,” said District Attorney Kathleen Rice.  “His actions and his utter disregard for the court and for justice are deplorable.”

During the defendant’s five-week trial, the prosecution attempted to place into evidence a sample of Mr. Heidgen’s blood, which was taken at the Nassau University Medical Center hours after the deadly July 2005 crash.  During extensive testimony by state police officers regarding the blood’s handling, the defense questioned the authenticity of the sample and objected to its admissibility.   Citing procedural errors in the blood’s handling, Judge Alan Honorof ruled the sample, and any evidentiary tests performed on the sample, inadmissible.  The District Attorney’s Office requested an order for a DNA comparison between the defendant and the blood sample.  The judge agreed and ordered the test to be conducted as soon as possible.  The DNA sample taken from the defendant’s inner cheek revealed the presence of two male genetic profiles.  The “majority” sample was linked to Nassau County jail inmate Marco Hernandez.  Mr. Heidgen and Mr. Hernandez were residing in the same housing ‘pod’ within the Nassau County jail. 

Tampering with Physical Evidence §215.40
“(2)  Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person.”

Upon hearing of the mixed genetic profile, the judge again ordered a DNA sample be taken of the defendant.  The second court-ordered test included a blood sample of the defendant which was matched genetically to the blood sample taken the night of the crash. After establishing the match, the District Attorney’s Office moved quickly to reintroduce the blood evidence.  Upon hearing the results of the test, the judge allowed testimony on the blood sample and the defendant’s .28 blood-alcohol level to be introduced into evidence.  Mr. Heidgen was found guilty on October 17, 2006.

That same day, a jury found Mr. Hernandez guilty of robbery, grand larceny and possession of stolen property.  He was sentenced in January to serve eight years in prison.  The investigation into Mr. Hernandez’s possible involvement is continuing.

Assistant District Attorney Christopher Holbrook, of the District Attorney’s County Court Trial Bureau, is handling the case for the District Attorney’s Office.  The date for Mr. Heidgen’s arraignment on the indictment has yet to be scheduled.

The charge described above is merely an accusation and the defendant is presumed innocent until and unless proven guilty.