Attorney David Deacon was joined by NBC’s Dateline producer Fred Rothenberg and forensic nurse, Christie Holden, to present an astonishing case with an unforeseen twist.
Many people are familiar with the definition of a “DNA fingerprint”: an individual’s unique sequence of DNA base pairs. But is it possible for two individuals to have the same “unique” sequence? The answer was yes, surprised the Boston College audience that had gathered to hear the remarkable story behind the Dateline production, “Blood Brothers.”
David Deakin, the assistant district attorney for Suffolk County, admitted that this was news to him as well.
In April 2001, “Kate” was raped in her home in Dorchester, MA. The same suspect had raped Jen Hoggel, also of Dorchester, eight months prior. DNA evidence was obtained and collected immediately.
Kristi Holden, a sexual assault nurse examiner (SANE), described her role in the patient’s care and the trial itself. As a trained professional with twenty years of experience, Holden treated Kate during a time-sensitive forensic medical exam in the emergency room of the Boston Medical Center. As a forensic nurse, it was Holden’s responsibility to provide emotional and physical medical care when Kate was most vulnerable, only minutes after the assault.
Holden gave the audience an emotional recount of her interaction with Kate, remarking that people often asks how she can devote herself to such an emotionally taxing profession. She answered, “How can I not?”
She was grateful that she was called to testify. Holden found this opportunity as way to follow up on her patient. Witnessing Kate’s sense of empowerment in the court was very gratifying after their emotional interaction. Even as a forensic nurse, Holden was equally surprised to learn that the court was not able to reach a verdict with the DNA evidence.
“It’s usually game over if a rapist’s DNA is matched”, Deakin said.
But the case of Massachusetts vs. Darrin Fernandez was not like most in that the evidence was inconclusive. Though the DNA sample taken from the crime scene was identified as belonging to the suspect, the DNA was a perfect match to a second individual—Darrin’s identical twin, Damian.
Deakin explained, “The DNA evidence only ruled out the rest of the world. Ultimately, our job was to distinguish between the two brothers.”
With Darrin’s history with use of Damian’s identity on multiple occasions, Deakin likened the brothers’ situation to the biblical story of Cain and Abel. The brothers were the only two people involved in the trial who knew the truth, leaving the courtroom confounded.
With inconclusive evidence as both brothers pleaded not guilty, the case was at a standstill. That is, until Damian took to the stand. The defense’s goal had been to establish reasonable doubt, ultimately bringing Darrin’s brother into the spot light. While giving his testimony, Damian’s slight speech impediment was noticed, a characteristic of the rapist that was not mentioned by the victim upon interrogation. Coupled with a strong alibi in the rape crime six months prior along with pictorial evidence of the suspects’ appearance at the time of the rape, the jury concluded that Damian was innocent.
According to Kate, it was the “lack of remorse” in Darrin’s voice in his pre-sentencing address to the court that confirmed that the jury had the right brother. Darrin was sentenced 15 to 20 years in prison in addition to his 10 to 15-year sentence for Jen’s rape.
Fred Rothenberg chose this case because of its unique twist. Rothenberg believes that the act of betrayal between the twin brothers creates the captivating human element of the story that made this case a compelling episode. The producer described the challenges he faced in telling the story, including his struggle to keep a balance between the two sides so as to maintain journalistic integrity before revealing the jury’s ruling.
“I am a journalist, but I am also a storyteller”, said Rothenberg.
The producer said that he was fortunate to have his camera crew in strategic places around the courtroom, focusing on the intensity between the brothers and the eye contact between Darrin and Jen as she walked down from the witness stand.
“That’s the difference between film and print. That emotion was captured with the camera.”
The program, held in Robsham Theater, was hosted by the Boston College Forensic Nursing Program.










