Judge: Triple slaying suspects must give up DNA

OFF THE WIRE
PITTSFIELD -- A Berkshire Superior Court judge has ordered three men charged in last August's triple slaying to provide their DNA samples for the ongoing investigation.
Judge John A. Agostini has ordered that Adam Lee Hall, David Chalue and Caius Veiovis submit to cheek swabs and hair samples, which will be used in the continuing investigation into the slayings of David Glasser, Edward Frampton and Robert Chadwell.
Glasser, Frampton and Chadwell disappeared Aug. 28 from Glasser's apartment at 254 Linden St. in Pittsfield. Their remains were discovered 12 days later buried in a trench in Becket.
Police allege that Glasser was killed to keep from testifying in an upcoming trial against Hall -- a reputed member of the local Hells Angels chapter -- and that the other two men were killed so there would be no witnesses.
Berkshire District Attorney David F. Capeless filed a motion for the swabs to be taken by state police investigators.
The three men's defense attorneys argued unsuccessfully against the request, with Hall's lawyer, William A. Rota, saying the DA's motion didn't make a strong case for obtaining the DNA samples.
Rota did argue successfully for having lawyers present during the DNA collection.
"I sure don't want my client alone with the state police for a half an hour," Rota told the court.
Agostini said the men's defense attorneys must be present for the procedure. The judge also said the defense can have an independent DNA expert present when evidence is tested.
The DA's motion did list the items that would be tested by forensic investigators. The list includes the two vehicles police believe were used to transport the victims and Veiovis' boots, which Capeless alleged are stained with the blood of the three dead men.
Chalue's lawyer, Leonard H. Cohen, tried to get the forensic testing done by an independent laboratory and not by the authorities "charged with investigating this case." Agos tini didn't agree to the request.
Meanwhile, Cohen again asked that Chalue be brought to the Berkshire County Jail & House of Correction, at least for the DNA swabbing, since a long drive is needed to see his client. Chalue is at the Souza-Baranowski Correctional Center in Shirley, about 21 2 hours from Pittsfield by car.
Hall is being held in Hampden County Correc tional Center in Ludlow, and Veiovis is being held at the Berkshire County Jail & House of Correction. None of the defendants were present for Wednesday's hearing.
District Attorney Capeless has cited "security issues" for separating the three defendants, something he reiterated Wednesday, without going into any detail. The judge said he would make a ruling on the motion within the next few days.
At the last hearing in January, the original time line was scrapped because of the volume of evidentiary material at hand and still to come. On Wednesday, a May 9 hearing date was set to further discuss the case.
"We may possibly be able to set [new] dates at that time," Capeless told the court.
Hall, 34, of Peru; Veiovis, 31, of Pittsfield; and Chalue, 44, of North Adams, have pleaded not guilty to murder, kidnapping and witness intimidation. All three are being held without bail.
A fourth man, David Casey, 62, of Canaan, N.Y., has been charged as an accessory. Casey was allegedly pressed into helping bury the bodies and is being held at the Berkshire jail.
Casey was in court Wed nesday and asked if he could replace his private lawyer, Robert M. Fuster Sr., with a court-appointed one.
"My money is running out," Casey told the judge. Casey is in jail on $1 million bail.
Agostini set a March 20 hearing date to appoint a new lawyer for Casey.
The judge also granted another motion by the DA that prevents the defense attorneys from releasing any of the evidentiary material to the public.
http://www.berkshireeagle.com/ci_20126411/judge-triple-slaying-suspects-must-give-up-dna