Judge compels DNA sample from murderer
Toolbox
By Josh O'Gorman STAFF WRITER - Published: November 7, 2009
WHITE RIVER JUNCTION — A South Reading man who is serving a life sentence for killing his best friend will be forced to provide a DNA sample to the state.
Judge Theresa DiMauro granted the state's motion Wednesday in White River Junction District Court and ordered Matthew Stevens, 49, to provide a sample of his DNA and authorized the state to use "reasonable force" to collect the sample if Stevens will not submit it willingly.
Stevens is serving a life sentence for fatally shooting Carl Ackley Aug. 1, 2006, during Ackley's 44th birthday. Stevens had thrown a birthday party for Ackley — whom Stevens referred to during court proceedings as his best friend — the night of Ackley's death.
Stevens claimed he acted in self-defense — that both his and Ackley's hands were on the gun when it discharged, sending a single bullet into Ackley's neck — and he maintained his innocence throughout his trial in December 2007, when he was convicted of second-degree murder, and during his sentencing in October 2008. It was his apparent lack of remorse that led Judge DiMauro to sentence Stevens to life without the possibility of parole, and Wednesday, he asserted his innocence as the reason he would not submit a DNA sample.
"Because I'm innocent and I have an appeal pending," Stevens told Judge DiMauro when she asked why he would not comply with the state law requiring defendants convicted of certain crimes — such as murder — to submit a DNA sample.
Stevens — who is incarcerated in the Lee Adjustment Center in Beattyville, Ky. — appeared in court by telephone.
"The claim that a person is innocent after being convicted or that the case is on appeal has no bearing," DiMauro said. "This court finds that Mr. Stevens has been convicted and he is obligated to provide a DNA sample."
Windsor County State's Attorney Robert Sand, who represented the state, said following the hearing that having an in-depth DNA database would help solve so-called "cold cases."
"Gathering DNA from these kind of crimes can help solve other crimes," he said.
josh.ogorman@rutlandherald.com
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