Commonwealth v. Kostka

The Commonwealth seeks to compel Christopher Kostka 1 to provide a saliva sample from which it may obtain Christopher’s deoxyribonucleic acid (DNA). The Commonwealth filed a motion in the Superior Court to compel the taking of a saliva sample, arguing that a DNA sample is necessary in order to determine whether Christopher is the identical or fraternal twin of his brother, Timothy Kostka, who has been indicted on charges of murder in the first degree and armed home invasion. 2 Christopher is not a suspect in that case. A judge of the Superior Court allowed the Commonwealth’s motion and…