Evidence in '87 murder case lost; Prosecution argues missing box won't hurt effort.

PositionLOCAL NEWS

Byline: Gary V. Murray

WORCESTER - The loss of evidence, including a hammer recovered from the crime scene, does not warrant the dismissal of charges against a prison inmate accused of raping and murdering a woman 20 years ago in her West Side home, prosecutors are contending.

Steven M. Siemietkowski, 47, is awaiting trial in Worcester Superior Court on first-degree murder and aggravated rape charges in the June 4, 1987, slaying of 64-year-old June Lynch. Ms. Lynch's body was discovered in her bed with a pillow covering her face. An autopsy determined she died as a result of asphyxia associated with blunt head trauma.

Mr. Siemietkowski, who worked at Servpro Cleaning Co. and had spent a week in Ms. Lynch's home in February 1987 cleaning up after a furnace malfunction, became a suspect in the killing.

He was not charged until 2004, when a computer comparison revealed what prosecutors said was a match between his DNA profile and a genetic profile developed from biological evidence recovered from the victim.

Mr. Siemietkowski's appointed lawyer, Terry S. Nagel, filed a motion in July seeking dismissal of the charges against his client, who remains in custody on a parole violation and has denied any involvement in the slaying when questioned by investigators.

In an affidavit accompanying the motion, Mr. Nagel said he learned when he went to police headquarters to examine the physical evidence in the case that "at least one box" of evidence could not be found. Among the missing items was a hammer recovered from the crime scene, according to Mr. Nagel.

Citing case law, Mr. Nagel said dismissal of the charges would be warranted if the court found that evidence favorable to Mr. Siemietkowski had been lost as a result of the government's "culpable mishandling."

In her written opposition to the motion to dismiss, Assistant District Attorney Ellyn H. Lazar-Moore said dismissal of the charges was not called for under the circumstances of the case.

Ms. Lazar-Moore said Mr. Nagel had not shown "a reasonable...

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