Suspected rapist with identical twin freed over DNA

BOSTON - A suspect in two violent rapes in Boston a decade ago has been freed because DNA testing could not differentiate him from his identical twin brother.

Dwayne McNair, 33, was freed by a judge on Tuesday after spending two years behind bars awaiting trial. He was released from an eight-count indictment that charged him with raping two young women, reports the Boston Herald. Prosecutors say the 23- and 19-year-old victims were abducted at gunpoint off city streets within days of each other in 2004, pistol-whipped, and raped.

2011 tests of DNA left at the scene couldn't distinguish between McNair's DNA and that of his twin brother, and prosecutors relied on statements by an alleged accomplice to indict McNair, reports the Herald.

The Herald reports that prosecutors, meanwhile, say they plan to conduct additional DNA testing using an expensive new method developed by a German company that can distinguish between identical twins. The tests, however, could take months to complete, reports the paper.

A judge raised concerns with the timing of the request, citing the fact that prosecutors asked for the new DNA test just two weeks ahead of yesterday's trial date.

"My concern is the delay in the case based on the request being made so late in the case," said Superior Court Judge Christine McEvoy said, according to the Herald. In freeing McNair, the judge said the delay would deny the suspect his right to a fair and speedy trial.

McNair's lawyer says his client realizes he's not in the clear yet.

The alleged accomplice has already pleaded guilty to the rapes and implicated McNair as a co-conspirator.