TRURO,
Mass., Jan. 7 - In an
unusual last-ditch move
to find clues to the
three-year-old killing
of a freelance fashion
writer, police
investigators are trying
to get DNA samples from
every man in this Cape
Cod hamlet, all 790 or
so, or as many as will
agree.
Raising
concerns among civil
libertarians and
prompting both
resistance and support
from men in Truro, the
state and local police
began collecting the
genetic samples last
week, visiting
delicatessens, the post
office and even the town
dump to politely ask men
to cooperate. Legal
experts said the
sweeping approach had
been used only in
limited instances before
in the United States -
although it is more
widely used in Europe -
and in at least one of
those cases it prompted
a lawsuit.
Sgt.
David Perry of the Truro
Police Department and
other law enforcement
authorities here say
that the program is
voluntary but that they
will pay close attention
to those who refuse to
provide DNA.
"We're
trying to find that
person who has something
to hide," Sergeant
Perry said.
The
killing was the most
notorious in this resort
community in memory.
Christa Worthington, 46,
who had lived in New
York and Paris and
London before retreating
to the quiet sea-stung
town, was found stabbed
to death in her bungalow
here on Jan. 6, 2002,
her 2-year-old daughter,
Ava, clinging to her
body.
Semen
was found on the body,
and in the last three
years the police have
investigated a former
boyfriend and other men,
including a married man
who is Ava's father.
"All
those people are ruled
out at this point,"
Sergeant Perry said.
A
$25,000 reward failed to
crack the case, which
generated international
publicity and a lurid
book, "Invisible
Eden," by Maria
Flook, with explicit
details of Ms.
Worthington's love
interests and violent
death.
So the
police sought help from
the F.B.I., which said
it thought the killer
had Truro ties and
suggested trying to
match the semen in a
global genetic canvass.
"The
person we're looking for
is the one who deposited
the DNA" by having
sex with Ms. Worthington
before she died,
Sergeant Perry said.
"We're not saying
that this is the killer.
What we're saying is we
need to talk to this
person, who may be just
the last person to see
her alive."
Stopping
in the Highland Grill in
Truro on a frigid
Friday, Jeff Evans
plunked down $2 for a
brownie almost as big as
a paperback. Then, at
the prompting of a state
police detective and a
Truro police officer
parked at the grill's
counter, Mr. Evans, 46,
a pest exterminator,
wiped the inside of his
cheek with a
lollipop-like cotton
swab, capturing a
smidgen of genetic
evidence to give to the
government men. Sam
Scherer, 18, another
Highland Grill patron,
had already done the
same thing. So had
Jerrid Bearse, 20.
While
many residents have
cooperated, some have
complained that the DNA
sweep is coercive.
"I
think it's
outrageous," said
Dick Seed, 44, a Truro
sign painter who called
the American Civil
Liberties Union to
complain.
"I
really think they're
usurping my civil
rights," said Mr.
Seed, who may know
something about DNA
because his father is
Dr. Richard Seed, the
eccentric physicist who
drew worldwide attention
by announcing seven
years ago that he
planned to clone humans.
"Are they going to
chase down everyone who
didn't give a sample? It
kind of sounds like
Stalin's secret police.
If there's a murder
committed in a restroom,
are they going to be
asking for a urine
sample?"
Mass
DNA collection drives,
as needle-in-a-haystack
as they might sound,
have yielded results in
criminal investigations
in England and Germany.
Six years ago in
Germany, for example,
authorities
investigating the rape
and murder of an
11-year-old girl
collected DNA samples
from 16,400 men, a sweep
believed to be the
largest to date. DNA
from one man matched the
evidence, prompting him
to confess his guilt.
In
this country, the
technique has been tried
in a few places,
generally with less
success. It is usually
used in a more targeted
way than in Truro.
In
Baton Rouge, La., in
2003, authorities trying
to find a serial killer
took swabs from 1,200
white men who drove
white pickup trucks, but
the dragnet did not
yield a suspect; a black
man was later arrested
using other
investigative methods.
In Omaha last year, the
police, searching for a
serial rapist, sought
DNA from about three
dozen black men who
worked for the Omaha
Public Power District.
And in a rape
investigation in
Charlottesville, Va.,
the police over the last
two years have asked for
swabs from about 200
black men.
These
investigations have been
contentious, especially
when the authorities
hold on to the DNA of
people found to have no
connection to the crime.
Baton Rouge law
enforcement agencies are
being sued by nearly two
dozen of the 1,200 men
they tested; the men
want their DNA samples
destroyed and their
genetic information
removed from a databank
that can be used in
investigations of other
crimes.
"They're
not very effective and
they're certainly not
voluntarily," said
Barry Steinhardt,
director of the
technology and liberty
project at the American
Civil Liberties Union.
"It's either give a
sample or you're a
suspect. It turns the
classic American concept
of innocent until proven
guilty on its
head."
Figuring
that the winter
population of Truro
would be similar to what
it was three years ago,
investigators chose the
days around the
anniversary of the
killing to begin passing
the hat for DNA all over
town.
When
this summer resort gets
a whiff of winter it
contracts like a rubber
band, leaving only a
handful of hangouts open
for business. They are
places like Dutra's
Market, the Filling
Station deli, the town
dump and the post
office, a daily stop for
many Truro residents
because they do not have
home mail delivery.
Since
Wednesday, two-person
police swab squads have
sidled into sub shops
and perched by the
postal counter, seeking
a donation from anyone
with a Y chromosome.
The
investigators are
intentionally
mild-mannered in their
queries, asking for
help, not threatening
retaliation. Sometimes
they display a
photograph of Ava, who
is now 5 and living with
her mother's friends,
and ask the men to help
solve the investigation
for Ava's sake. They ask
the men to sign a card
giving their birthday
and race, and they ask
if the men knew Ms.
Worthington or her
relatives, some of whom
have lived here for
years. They take down
the license plate
numbers of people they
approach. They say they
may start soliciting DNA
in neighboring towns,
too, like Wellfleet and
Provincetown.
The
police found 75
volunteers on the first
day alone, Sergeant
Perry said. But they
have also been rejected
by men who say they are
offended or
uncomfortable.
"Sorry,
I just don't like to be
around cops," Virge
Peres, 28, told
Christopher Mason, the
state police detective
who stopped him at the
Highland Grill.
"It's
invasive," said
Mike McGuinness, 67, at
the town dump on Friday.
He said he would refuse
if asked. "If they
have a suspicion of
someone and they ask
them, that's one thing.
But not just doing it
willy-nilly."
The
police say they will
discard any DNA that
does not match their
sample and will not keep
a databank. But several
Truro residents, even
those who gave their
DNA, said they were
skeptical of that, as
did John Reinstein,
legal director of the
American Civil Liberties
Union of Massachusetts.
Mr.
Reinstein said that as
of Friday he had
received three calls
from Truro residents.
"We're
very concerned about
using DNA sweeps as an
investigative
tool," he said.
"If there's a
person out there and has
yet to come forward and
say he had been with
Christa Worthington
before she was murdered,
that person is not
likely to say, 'Test my
DNA and see if it
matches the crime
scene.' From that it
seems that what they're
looking for is the
people who turn them
down. So in some way
it's saying, 'Will you
please come forward and
identify yourself as
murder suspect.' "
Among
the men who gave saliva
at the post office was
Beau Jackett, a son of
Tony Jackett, who is
Ava's father and was a
suspect early on.
Tony
Jackett gave his own DNA
soon after the killing
and has sold the rights
to his story to a
California filmmaker.
"Most people, I
think, agree that they
should do whatever it
takes to get the
guy," he said.
Leo
Rose, 49, gave a sample
at the Filling Station
deli, figuring he had
nothing to hide.
"They're
not supposed to keep
it," Mr. Rose said.
"If I did something
stupid down the road and
they had my sample on
file, well, then it's an
illegal search and
seizure."
Edward
Friedman, an older man
who hobbles
painstakingly, seemed
amused that anyone would
think he could be a
match. "I can
barely make it to the
car," Mr. Friedman
said.
But
Craig Hathaway, owner of
Dutra's Market, who said
he felt he had to allow
the police to approach
his customers, will not
give his DNA.
"Don't
get me wrong, I want to
see this thing solved as
much as the next
person," Mr.
Hathaway said. "I'm
just not sure this is
the way to do it."
And
Mr. Seed said, "Why
don't they just ask me
where I was when the
murder happened? I was
playing poker. What else
is there to do here in
the winter?"
Sergeant
Perry said that aside
from the DNA, the police
hoped revived publicity
about the case would
"get people
thinking again"
about tiny details that
might be helpful.
People
in this peaceful place
are certainly eager to
have the crime solved,
said Fred Simonin, owner
of the Highland, who
said some customers had
come in just to donate
DNA.
"We're
not used to having a
murderer around,"
Mr. Simonin said.
Katie
Zezima contributed
reporting from Boston
for this article.