March 19, 2008 

Heidgen Sentenced on Tampering Charge

Heidgen will serve 1-3 years in prison in addition to his 18-life murder sentence

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that a Nassau County judge has sentenced Martin Heidgen, 26, to receive one to three years in prison after the defendant pleaded guilty last month to tampering with a court-ordered DNA test during his 2006 drunk-driving murder trial.

In imposing the sentence this morning, the judge had the option of running any potential incarceration time concurrent or consecutive to the 18 years-to-life Mr. Heidgen is currently serving following his October 2006 murder conviction.

Nassau County Court Judge Steven Jaeger ruled that the imposed sentence will be served after Mr. Heidgen has completed the 18 years-to-life.  Mr. Heidgen, who has been incarcerated since July 2005, will now be serving 19 years-to-life in prison.

On February 4, 2008 Mr. Heidgen entered a Serrano plea to the lone charge of felony Tampering with Physical Evidence.  A Serrano plea allows a defendant to plead guilty to the charges without admitting his or her guilt.  The defendant faces the same ramifications based on the conviction as if he or she admitted guilt or were convicted by a jury.

 “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 and deserve a separate, distinct sentence.”

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. 

Assistant District Attorney Christopher Holbrook, of the District Attorney’s County Court Trial Bureau, is handling the case for the District Attorney’s Office.  Mr. Heidgen is being represented by Oscar Holt, Esq.