Defense challenges warrantless DNA collection as attorney faces serial rape charges in Boston
A 38-year-old New Jersey attorney appeared in Suffolk Superior Court on Monday as his legal team challenged the admissibility of DNA evidence collected by federal agents during an undercover surveillance operation at a Manhattan establishment. Matthew Nilo faces multiple charges related to sexual assaults that allegedly occurred in Boston between 2007 and 2008, when he was approximately 19 or 20 years old. His fiancée, Laura Griffin, attended the hearing in a continued show of support.
The courtroom proceedings focused specifically on genetic material that prosecutors claim directly connects Nilo to several attacks nearly two decades ago. Defense attorneys argue the evidence collection violated constitutional protections because FBI agents obtained it without securing a warrant during their 2023 operation.
Federal agents coordinated restaurant surveillance operation
FBI personnel followed Nilo from his residence in New Jersey to Oscar Wilde Restaurant and Bar in Manhattan after receiving information from Boston law enforcement authorities. According to court testimony, agents positioned themselves near the suspect for an extended period and worked directly with restaurant employees to secure items he used during his meal. The collected materials included drinking glasses, utensils, and a napkin that were retrieved after Nilo departed the establishment.
Defense attorney Joseph Cataldo contends his client never abandoned the items because he had no reasonable opportunity to take them when leaving the restaurant. The defense argues that the commonwealth claims a DNA connection between Nilo and evidence from 15 years prior, but that genetic material was allegedly obtained from tableware in New York without proper legal authorization. Cataldo emphasized the evidence was taken without Nilo’s knowledge, consent, or a warrant.
Prosecution defends collection methods as lawful
The prosecution team counters that once restaurant staff cleared the items during normal business operations, Nilo relinquished any reasonable expectation of privacy over them. This legal principle allows law enforcement to collect discarded materials in public or commercial settings without obtaining a warrant, according to prosecutors’ argument.
FBI Boston Special Agent in Charge Joe Bonavolonta stated in May 2023 that Nilo’s arrest resulted directly from investigative genetic genealogy, describing it as a specialized method used to generate new leads in unsolved sexual assaults, homicides, and other violent crimes. This technique has gained prominence in recent years as law enforcement agencies seek to solve cold cases using modern DNA analysis technology.
Genetic genealogy database led investigators to suspect
During a June 2023 hearing, prosecutors revealed investigators matched a DNA profile recovered from three rape victims to the genetic profile of at least one of Nilo’s relatives that had been uploaded to a public genealogy database. Authorities subsequently matched that DNA to a sample obtained from a drinking glass Nilo used at a corporate event in New York, according to prosecution statements.
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The use of public genetic genealogy databases has become increasingly controversial in criminal investigations. While supporters argue the technology helps solve previously unsolvable cases, critics raise privacy concerns about the use of genetic information uploaded by individuals who may not have anticipated law enforcement access. The technique involves comparing crime scene DNA to profiles in public databases to identify potential family members of suspects, then narrowing the investigation through traditional detective work.
Charges expanded as investigation progressed
Nilo was initially charged in May 2023 with multiple serious offenses, including:
- Three counts of aggravated rape
- Two counts of kidnapping
- One count of assault with intent to rape
- One count of indecent assault and battery
A Suffolk County grand jury expanded the charges in July 2023, adding seven additional counts. The supplementary indictment 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. The expanded charges suggest investigators identified additional alleged victims or incidents during their investigation.
Defendant remains free on bail throughout proceedings
Nilo has maintained his freedom on bail throughout the lengthy legal proceedings. His fiancée has consistently appeared at court hearings in support of him, demonstrating her continued commitment despite the serious nature of the allegations. The case has drawn attention both for the severity of the charges and the legal questions surrounding the DNA evidence collection methods.
The outcome of the suppression hearing could prove critical to the prosecution’s case. If the court rules the DNA evidence inadmissible due to constitutional violations, prosecutors may face significant challenges in connecting Nilo to the alleged crimes from nearly 17 years ago. Defense attorneys are seeking to have all evidence derived from the restaurant surveillance operation excluded from trial. The judge has not yet issued a ruling on the defense motion to suppress the genetic evidence.