Mystery man in DNA swap convicted

ANN GIVENS

October 18, 2006

In a bizarre epilogue to a trial packed with twists, the man who authorities say helped Martin Heidgen trip up a DNA test also was convicted yesterday, of second-degree robbery, a law enforcement source said.

Marco Hernandez, 25, of Hempstead, somehow gave his saliva to Martin Heidgen on the night police were set to take a DNA swab from his mouth, the source said. The test was to verify that blood taken after the crash - which had a high blood-alcohol content - was Heidgen's. When police tested the swab, it came back with two people's DNA on it - Hernandez's and Heidgen's, the source said.

Prosecutors said at the time that the second DNA sample came back to an unknown man who was suspected of a statutory rape in 2003. They said they believed that offender was in the Nassau County jail on an unrelated charge and said they would look into charging him with statutory rape or with tampering with evidence.

District attorney's office spokesman Eric Phillips said his office is still looking into charges against the offender, whom he did not identify.

Yesterday, Hernandez was convicted of second-degree robbery for stealing a jersey and chains from a Westbury man and his mother in March.

Hernandez's lawyer, Kenneth Ross of Legal Aid, did not return calls seeking comment.