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This article was published 13 year(s) and 3 month(s) ago

Analyst: No DNA evidence against Lynn rape suspect

Taylor Provost

March 29, 2012 by Taylor Provost

SALEM – Jurors in the trial of a Lynn man charged with participating in the gang rape of a teenage girl in Lynn in 2008 heard testimony from a DNA analyst and the suspect?s sister, but not the suspect himself, before both sides rested Wednesday afternoon in Salem Superior Court.A DNA analyst from the Massachusetts State Crime Lab told Assistant District Attorney Greg Friedholm that evidence presented to the lab by Lynn Police in 2008 tested positive for the DNA of three other men involved in the rape, but that 22-year-old Rafael Nina Brito “could not have been a source” of the DNA.The victim, now a 22-year-old mother of one living in Boston, testified earlier this week that Brito digitally raped her.The analyst testified to finding sperm consistent with the DNA of one of the other suspects, Harold Baltodano, 22, on samples taken from the victim the day after the rape. She said she also found DNA belonging to Luis Arias, 22, and Justin Louf, 21, under the victim?s fingernails. Both men pleaded guilty to the rape last week.Brito, who lives in Lynn, is charged with aggravated rape after allegedly participating in the gang-rape of a then-17-year-old Salem girl on Feb. 15, 2008, when he and three other men were supposed to be giving her a ride home from a friend?s house in Lynn. Instead, they took her to Brito?s mother?s Summer Street apartment, where they “took turns raping her,” according to Friedholm.Brito?s attorney, William Martin of Salem, brought in a medical expert to give his opinion on the victim?s medical records, followed by several witnesses who testified about the suspect?s character, including a longtime family friend and Brito?s older sister, Cynthia Nina Soto, 30, of Salem.Soto described Brito as a “tranquil and joyful” person who plays league basketball at Lynn?s YMCA and frequently babysits her two children. She emphasized his involvement with her 11-year-old daughter?s schooling.?He has a lot of contact with my daughter?s teachers and picks her up from school,” Soto explained. “He?s been on a field trip with her ? He helps her with her homework.”Another witness, Roberta Hussey, 48, of Salem, said she has known Brito since he was 4 and lived with him in the same multi-family house for about a decade.?Twice a week he comes to my house. He hangs out with my two boys.” Hussey said.Asked to describe Brito?s reputation among mutual friends, she said, “Peaceful.”After a short recess, Brito elected not to testify on his own behalf and Judge John T. Lu dismissed the jury for the day.Brito said he “felt bad for not stopping” the three other men involved during a taped interview with Lynn Police Friedholm played for the jury Tuesday.Arias and Louf are currently serving state prison sentences. Baltodano is expected to go to trial next year.Closing arguments are scheduled to take place today at 9:30 a.m.Taylor Provost can be reached at [email protected].

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