Man Seeks New Trial In Decades-Old Murder Of Great-Aunt After New DNA Evidence

WORCESTER, Mass. (CBS/AP) — A Massachusetts man who has spent more than 35 years in prison for the 1979 killing of his great aunt is seeking a new trial.

Lawyers for 62-year-old Gary Cifizzari, of Taunton, say in a motion filed Friday that new DNA tests on semen and saliva evidence exonerate their client and his late brother, Michael Cifizzari.

They say the brothers were wrongly convicted of murder in 1984 in the killing of 75-year-old Concetta Schiappa, of Milford, because the case depended on flawed bite mark evidence testimony. They say one of the prosecution's expert witnesses has also since recanted his testimony.

The lawyers for the New England Innocence Project say DNA tests indicate a now-deceased Rhode Island man who had been a suspect in the case was the killer.

The Worcester County District Attorney's Office released a statement, which read:

"At this time, the Worcester County District Attorney's Office is reviewing the motions filed this morning by defense counsel. We have been working collaboratively with the defense counsel since they requested new DNA testing in this case. As a matter of history, the case is 40 years old, with a conviction after trial that was affirmed more than 30 years ago by the Massachusetts Supreme Judicial Court. The facts in this case are horrific and involve a particularly gruesome rape and murder. The Worcester County District Attorney's Office works actively to ensure public safety and that every defendant receives a fair trial. We're in the process of reviewing the motion, evidence and additional testing that has been, and can be, performed with modern science. We want to make sure we get this right. We're committed to justice, and we will continue to work with defense counsel to ensure justice is done."

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)