Westmoreland judge blocks prosecutors from Latrobe man's DNA to beef up drug case

A Westmoreland County judge Monday quashed a search warrant that sought a DNA sample from a Latrobe man implicated last year in a drug-possession case that has already been dismissed.

Prosecutors said the testing was needed to bolster a potential case against Christopher Twigger, 34, should an appeals court overturn an earlier court ruling that invalidated evidence and dismissed the criminal charges.

“We would like to make our case a little bit stronger,” Assistant District Attorney Anthony Iannamorelli said.

But the defense contends there is no case against Twigger. Common Pleas Judge Tim Krieger in April dismissed all four criminal charges. The judge determined drugs and other evidence discovered in an unattended backpack found on a Latrobe street was not sufficient to support charges and evidence found at Twigger’s home was improperly obtained.

According to court records, a resident spotted the backpack about 9 a.m. July 20 and called police more than five hours later, after no one claimed the bag. Inside the bag was Twigger’s photo identification and two prescription bottles with his name, as well as heroin and marijuana, police said. Investigators found Twigger at home, where they alleged drug paraphernalia was discovered, leading to additional charges.

Latrobe police last week obtained a search warrant from Latrobe District Justice Michael Mahady for a sample of Twigger’s DNA, Iannamorelli said. The drugs found in the backpack would be tested to determine if Twigger could be linked to that evidence, he said.

Assistant Public Defender Mike Garofalo objected in a court motion filed last week, saying the prosecution’s effort was harassment and misconduct.

In court Monday, Garofalo argued any additional investigation is unwarranted.

“They’re trying to get DNA for a case that doesn’t exist. There is no case right now,” Garofalo said.

Twigger spent more than seven months in jail as his case moved through the court system. He was released from custody in late April.

An appeal of Krieger’s dismissal of the case is pending before the state’s Superior Court.