Jimmy Hernandez, a jailed arson-for-hire suspect, was ordered Wednesday to submit to DNA blood testing before his third jury trial this year in a firebombing.
State Supreme Court Justice Mario J. Rossetti granted prosecutor Jeffery P. DiPalma's bid for the DNA testing over the objections of defense attorney Terrence C. Brennan.
Brennan argued that authorities lack legal "probable cause" to belatedly test Hernandez, 32, who has been jailed since January in connection with the June 7, 2003, firebombing.
Rossetti remanded Hernandez and ordered his third jury trial to begin Jan. 10.
Based on Brennan's continuing challenge to the the credibility of the evidence linking his client to the firebombing of a community activist business couple's home, Rossetti declared mistrials on Aug. 26 and Oct. 19.
Hernandez, of Pennsylvania Street, is accused of agreeing to "torch" the home for a $400 payment from an alleged 10th Street drug dealer who reportedly reneged on the deal.
The fire caused $30,000 to the home of the couple, who had been trying to get drugs and prostitution out of their neighborhood.