Mortimer ordered to give DNA sample
I attended another hearing this afternoon in the case of alleged quadruple-murderer Thomas J. Mortimer IV. Mortimer himself was not in the courtroom, but instead stayed downstairs and out of sight in the small courthouse lockup. Like most of the recent hearings in this case, this one was short and not particularly eventful.
The most important ruling today was that Mortimer must give a DNA sample via a buccal swab of the inside of his cheek. Prosecutor Adrienne Lynch said that investigators need the DNA sample to analyze the blood at the crime scene, as well as some items from a state park in Montague, MA. The victims – Mortimer’s wife, Laura Stone, mother-in-law, Ellen Stone, and children Finn (4) and Charlotte (2) – all “bled substantially,” as did Mortimer in an apparent suicide attempt. Because the victims and defendant are all related, it is a “challenging DNA case,” Lynch said, calling the buccal swab a “minimally intrusive method” that will provide material and relevant evidence.
Mortimer’s attorney, Denise Regan, called the motion for a buccal swab “at best premature.” The government, she said, has not shown that there is any DNA present on the evidence that cannot be attributed to the victims, or alternately his DNA might be on the evidence for reasons other than being involved in the deaths. “He was the parent of the children and he was married to Laura Stone and he drove the car involved,” Regan said. Although she admitted that the DNA sample wouldn’t be particularly invasive, Regan said it would reveal “the most personal of information about an individual.”
Judge John Lu – another new judge in this case – made short work of the DNA sample issue, ruling immediately that he would allow it. Regan will be allowed to be present when the buccal swab is taken.
It was also mentioned that Mortimer has paid $13,000 toward the cost of his defense after being ordered by a previous judge to pay $40,000. The $13,000 came from two IRA accounts in his name. His other assets – two cars and a trust fund for one of his children – are in Laura’s name, and probate laws do not allow him to access them. “Mr. Mortimer is making a good faith effort to contribute the assets he has access to,” Regan said.
The next court date has not been scheduled yet because Lynch is still turning over discovery materials to Regan, but a defense motion to suppress evidence is tentatively due on June 1.
More coverage from the Winchester Patch and Boston Globe.