A Utica firefighter took his refusal to submit a DNA sample to a higher court, in Syracuse, but found no relief there.
The Oneida County District Attorney's Office is trying to compel firefighter Richard Forte to give the sample, saying that he's the only one on duty at his firehouse when a sexual act was committed in January who's refused to give a sample. An Oneida County Court Judge ordered Forte to submit a sample by March 15. Forte's attorney went to an appelate judge in Syracuse on Wednesday, March 14, to try and stay that order. But Judge Edward Carni found he had no jurisdiction to rule in the case, so the original, March 15 order still stands. If Forte doesn't comply by Thursday, he could be held in contempt of court.
