SEMINOLE COUNTY, Fla.,None — A DNA mix-up could mean a new trial for a convicted rapist in Seminole County.
Andrew Lingard went to prison four years ago for attacking a woman in her Altamonte Springs apartment, but the mix-up could give him a second chance.
On Wednesday, Judge Debra Nelson agreed to allow a private lab to retest Lingard's DNA.
The results will determine if he gets a new trial.
Lingard's DNA was mislabeled when it was sent to the Florida Department of Law Enforcement's crime lab seven years ago from the Altamonte Springs Police Department, FDLE officials said.
A crime analyst with the Altamonte Springs Police Department ushered Lingard into a private room and took two new swabs of DNA.
"They were sealed correctly and sealed in our presence and labeled and properly labeled," said Lingard's attorney, Stephan Plotnick.
Lingard's is serving a life sentence because police said that DNA they collected tied him to a woman who was violently raped in her apartment seven years ago.
However, two weeks ago, FDLE officials said they realized the label on Lingard's DNA sample was mistakenly switched with the victim's boyfriend.
Altamonte Springs police mixed up the labels.
But two FDLE lab workers, with a combined 46 years experience, failed to catch it, officials said.
"I'm disappointed in FDLE, but they did come forward on their own so that's a good sign," Plotnick said.
A crime lab in Dallas will retest Lingard's DNA against the victim's clothes, sheets and a bandanna found at the scene.
Analysts there do work for the Innocence Project, but the defense also wants a second lab to test the DNA.
Altamonte Springs police said it doesn't matter because the DNA was only their secondary evidence that was presented.
The victim identified Lingard in a lineup, and because of that, prosecutors never introduced primary evidence.
On Wednesday, Lingard asked the judge why he can not automatically get a new trial.
"I have to submit to this before a new trial or can I wait?" asked Lingard.
"No," answered the judge.
"So, I'm basically being forced to submit to this before a new trial is being determined or not?" he asked.
"That's correct," replied the judge.
Officers took two swabs of Lingard's DNA.
Lingard's attorney wants a second lab to test it, but the Justice Administration Committee has to approve that because Plotnick is a public defender.
Lingard is being held in the Seminole County jail so he can meet regularly with his new attorney.
WFTV
