The article does not speculate on why it took a month to complete a routine computer search and report the results.Was it because of legal concerns? Was the partial match trawl intentional, or was the discovery inadvertent? Whichever it was, the detectives turned their attention to five male siblings. They discovered that one of them, David Finegan, was "in close proximity . . . on the night of the incident."
Why this roundabout method of identifying Finegan? He was on parole in July. Was the underlying offense not one that triggered entry into the DNA database? Was there a backlog in entering offender profiles into the database? Whatever the explanation, Finegan had the misfortune of being picked up on July 14 on a parole violation and held for the weekend. Detectives quickly obtained a search warrant and took a sample of DNA from him before he made bail and dropped out of sight. A week later, they learned that it matched the crime-scene DNA.
Pursuing an anonymous tip, police found and arrested Finegan in Providence. He "is being charged with burglary and first-degree sexual assault." Interestingly, he has an arrest record (including domestic assault, felony DWI, resisting arrest and other assaults) dating back to 1991. A bill that would expand the state database to include arrestees is before House and Senate committees in Rhode Island.
1. Joe Kernan, Arrest Made in Rape of Elderly Woman, Cranston Herald, Dec. 19, 2011
Thanks to Frederick Bieber for informing me of the Cranston Herald article.
Cross-posted from The Double Helix Law Blog