Matthew Nilo’s Defense Challenges DNA Evidence in Boston Rape Case

Matthew Nilo, a lawyer from New Jersey, is facing allegations of rape and sexual assault involving several women in Boston from over 17 years ago. He appeared in court as his legal team attempted to have DNA evidence dismissed. This evidence was acquired by the FBI during a covert operation in a Manhattan restaurant.

Nilo, now 38, attended the Suffolk Superior Court proceedings with his fiancée, Laura Griffin, who continues to support him. The main focus of the hearing was the DNA evidence, which prosecutors claim connects Nilo to multiple sexual assaults in Boston during 2007 and 2008, when he was 19 or 20 years old.

Defense Argument Against DNA Collection

His lawyers argue the evidence should be considered inadmissible. FBI agents obtained it without a warrant during a 2023 operation at Oscar Wilde Restaurant and Bar in Manhattan. The agents gathered items Nilo used during his meal, such as glasses, a fork, and a napkin, after following him from New Jersey.

“The commonwealth claims a connection between Mr. Nilo and DNA from 15 years ago. However, that evidence was obtained from tableware in New York without a warrant. It was taken without his knowledge or consent,” asserted Nilo’s attorney, Joseph Cataldo.

Prosecutors argue that once Nilo left the items at the restaurant, he forfeited any privacy rights to them. They maintain that staff clearing the items constituted an ordinary business practice.

Prosecution’s Use of Genetic Genealogy

FBI agents say Nilo’s arrest resulted from applying investigative genetic genealogy. This method helps generate leads in unresolved cases involving violent crimes. In June 2023, prosecutors disclosed that DNA from three assault cases matched a profile from a public genetic genealogy database, initially connected to a relative of Nilo’s. A DNA match was confirmed with a sample from a drinking glass Nilo used at a New York corporate event.

Nilo has remained free on bail during the legal process, while his fiancée continues to support him in court.

Legal Proceedings and Charges

Nilo’s initial charges, filed in May 2023, included three counts of aggravated rape, two counts of kidnapping, one count of assault with intent to rape, and one count of indecent assault and battery. In July 2023, a Massachusetts grand jury indicted him on additional charges. These included one count of rape, one count of aggravated rape, three counts of assault with intent to rape, and two counts of indecent assault and battery.