Mortimer to Give DNA Sample to the Prosecution

The defense attorney of Thomas Mortimer, IV, Denise Regan tried to have a buccal swab for Mortimer dismissed.

The swab would collect cheek cells from inside Mortimer’s mouth.

Regan said that Mortimer does not need a swab because District Attorney, Adrienne Lynch, has not done enough to show how having Mortimer’s DNA would lead to a guilty verdict.

“The DNA sample that you would obtain would violate his most personal rights ,” Regan said.

Mortimer for murdering his wife, 41-year-old Laura Stone Mortimer, her two children, 2-year-old Charlotte Mortimer and 4-year-old Thomas Mortimer V, and Laura's mother, 64-year-old Ragna Ellen Stone, change.

According to Lynch, this trial will be difficult from a DNA standpoint because all four of the victims were related to each other, so deciphering the DNA at the scene has been a challenge.

“All the victims as did Mortimer,” Lynch said. “He attempted to take his own life – he hooked up a hose to his exhaust, there were blood stains on his driver’s seat and a knife in the front seat.”

Lynch said that a swab is important in the prosecution’s case, but she did not comment as to why it would be.

“A buccal swab is a minimally intrusive method and is material and relevant to this case,” Lynch said.

Judge John Lu allowed the prosecution’s motion to conduct a buccal swab of Mortimer, who was at the courthouse, but waved his right to appear in the courtroom.

Mortimer, according to Regan, has also paid $13,000 to the state for his defense counsel.

“Mortimer has made a good faith effort to contribute the resources he has access to,” Regan said.

Mortimer's financial history came into question during a when Judge Julia Kern learned that Mortimer had more than the $2,000 he had previously told the court.

Judge Kern found out that Mortimer informed the probation officer of a joint account he had with his wife, Laura Stone Mortimer for $11,000. He also owns two cars, one of which is a Toyota Highlander and has his children's college savings account worth $25,000.

The court ruled that Mortimer is partially indigent and should be able to pay some money to the state.

However, Regan said it’s been difficult for Mortimer, who’s being held at the Billerica House of Corrections, to gain access to those joint accounts.

The two attorneys will next meet June 1 for an out-of-court date to file more motions.