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Brian Frosh
(The Daily Record/Maximilian Franz)

AG takes wait-and-see tack in DNA case

Maryland Attorney General Brian E. Frosh has waived the state’s right to reply to a convicted rapist’s request that the Supreme Court overturn his conviction and rule the Maryland State Police violated his constitutional rights by surreptitiously checking the DNA in the perspiration he left on a chair during a voluntary interview at an MSP barracks.

By deciding to waive, Frosh has essentially opted to wait and see if the high court has enough interest in hearing Glenn J. Raynor’s appeal to ask the state to respond.

The court has not stated when it will rule on Raynor’s request for review in Raynor v. Maryland, No. 14-885.

Raynor maintains that since he was not in custody, officers violated his Fourth Amendment right against unreasonable searches in examining the DNA in his perspiration without a warrant or consent.

The Maryland Court of Appeals decided in August that the DNA test was merely a method to gather identifying information, like a fingerprint, and was not unreasonable. Raynor’s attorney, Byron L. Warnken, then asked the Supreme Court to review the case.

MSP’s investigation of the April 2006 rape was in its third year when the victim suggested Raynor, a former schoolmate, as the perpetrator. Raynor agreed to go to the MSP barracks and answer questions in July 2008. After he left, a trooper swabbed the chair where Raynor had sat.

In 2009, Raynor was convicted in Harford County Circuit Court of rape and sentenced to 100 years in prison.