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The Utica, New York firefighter who refused to give a DNA sample to investigators after a female firefighter found a semen stain on her pants has now been ordered to provide that sample. The order came from Oneida County Court Judge Michael Dwyer at a brief hearing Friday. Testimony in court on Tuesday indicated that Firefighter Richard Forte was the only firefighter working the shift to refuse the DNA request from investigators.
Oneida County District Attorney Scott McNamara said previously “a female (firefighter) went out on a call, and when she returned she found ejaculate on an extra pair of her pants” that she keeps in a private room of the station house she uses when she works a 24-hour shift.
Court papers confirm the substance lab tested positive for semen. The pants were cargo pants the female firefighter purchased independently as a substitution for department-issued pants that did not fit her as well.
As of Friday, no charges had been filed in the case. Court records also note that if charges were to be lodged, the offense would amount to misdemeanor fourth-degree criminal mischief.