SALEM – A Superior Court judge has denied a motion by prosecutors to have Daryll Jones, the Lynn high school teenager charged in connection with the fatal stabbing of a man at Gallagher Park last winter, to provide a DNA sample for testing.Defense lawyer Lawrence J. McGuire argued Wednesday that the state failed to establish that the sample would provide evidence relevant to the suspect’s guilt.McGuire said until prosecutors establish that the samples in their possession have produced DNA suitable for matching the state has not met its burden to force Jones to surrender a sample.After reviewing several documents, which were later impounded, Judge Timothy Q. Feeley agreed with McGuire, maintaining the state has to produce some evidence that Jones was involved and “perhaps down the road this could be re-considered.”Assistant District Attorney Michael J. Sheehan told Feeley that the presence of blood was found on knives, apparently taken from Jones’ home, and that there was presence of blood in a vehicle and sweatshirt.Jones, 17, of 11 Marianna St., Lynn, who was a junior at the Fecteau-Leary Junior/Senior High School at the time of the alleged crime, is charged with first-degree murder in connection with the fatal stabbing of Huy Le on Feb. 12.Le, 19, of 64 Whiting St., was found by police around 9:30 p.m. at the Pine Hill’s Gallagher Playground, near Ontario Street, following a 911 call.Few details have emerged concerning the case, because so many documents have been impounded by the court.However, according to documents filed by McGuire, Le apparently was selling marijuana and Jaime Martinez of Lynn, who has since fled the country, had been one of his distributors.Martinez developed a plan to steal Le’s marijuana and enlisted two other juveniles and Jones to pretend to want to buy two pounds of marijuana from Le.On the night of the incident, they all showed up at the park. At some point, Martinez allegedly pulled out a knife and began to stab Le. Following the incident, they all fled in Jones’ automobile, the documents say.During the course of the police investigation, police searched the car and swabbed it for DNA. Blood was detected on the sample from the floor mat, but the report does not indicate that this sample was preserved for DNA testing.The other samples were not tested but preserved for DNA analysis later to be performed.Several knives were seized from the suspect’s home, but none were connected to the stabbing and tests showed that no human blood was present on any of the knives, the documents say.Jones has pleaded innocent.He is due back in court on Dec. 8. In the meantime he remains held without bail at the Middleton Jail pending the outcome of his case.