Detectives won't get to search for another killer among the 1,200 DNA samples collected during the south Louisiana serial-killer investigation -- at least not right away.

A Baton Rouge federal judge issued a temporary restraining order Tuesday. The move blocks the East Baton Rouge Homicide Task Force from comparing evidence in the slayings of three women linked by "high-risk lifestyles" with the DNA used to rule out suspects in the previous series of deaths.

U.S. District Judge Frank Polozola issued the 10-day order after authorities asked the Louisiana State Police Crime Lab to test any evidence collected from suspects in the triple-murder case against all DNA profiles in its possession -- "including those developed during the Derrick Todd Lee investigation."

The request to the Crime Lab contends authorities "made no restriction upon their subsequent use" when obtaining DNA samples last year while trying to solve the serial-killer case.

But some of those who agreed to swabbing say they were told their DNA would be used only to eliminate them as a suspect in the south Louisiana serial-killer investigation.

"This is a very limited order, just to maintain the status quo," said Polozola, whose ruling also covers another 600 swabs held by the Acadiana Criminalistics Laboratory. "This action I'm taking is done under emergency conditions, and it's to preserve the integrity of the evidence."

The judge said he likely will extend the order for another 10 days when it expires to give parties in the lawsuit time to argue the matter.

Another hearing is scheduled March 31.

At issue are 1,200 DNA swabs another task force collected while trying to solve the deaths of a group of south Louisiana women dating back to September 2001. Lee, 35, of St. Francisville, was arrested in May and is awaiting trial. Authorities say Lee's DNA links him to seven deaths, but he is not a suspect in the latest three slayings.

One of those swabbed during the serial-killer investigation, Floyd M. Wagster, sued in July, demanding the return or destruction of his DNA evidence to prevent it from being used in future investigations.

The East Baton Rouge Homicide Task Force is investigating whether three women known to frequent high-crime areas late at night and get into cars with unfamiliar men might have been killed by the same man.

Linked so far are Katherine Hall, 29, who was killed in January 1999; Johnnie Mae Williams, 45, slain in October; and Donna Bennett Johnston, 43, whose body was found Feb. 27. All had been arrested for prostitution, drugs or both.

"It's a Pandora's box," attorney Jill Craft argued during Tuesday's hearing. "This will do irreparable harm to the constitutional rights of Mr. Wagster and others who gave their genetic information for a very limited purpose -- and that was the Derrick Todd Lee investigation."

Polozola said he was "a little bit surprised to get the request" from the task force.

The judge said he's concerned that allowing investigators to use the DNA for an unrelated case might hurt the criminal case against Lee. He noted that Lee's attorneys already have hired a DNA expert to evaluate all 1,200 samples to determine whether they were tested properly.

"I made it very clear we were not going to do anything in this case that was going to affect the Derrick Todd Lee case," Polozola said. "And now, on the eve of the (Lee) trial, we get this incident. I know we need to investigate this crime, but I don't want to interfere and cause any problem in what is already a difficult case for the state judges."

Polozola advised attorneys for the East Baton Rouge Parish Sheriff's Office to seek opinions from those state judges about using the DNA samples before the next hearing in federal court.

He also suggested the task force consider asking all 1,200 DNA donors to consent to another swabbing -- a proposal law enforcement authorities say would cost money and divert investigators from other aspects of the case.

Parties in the lawsuit were close in December to reaching an agreement that would have segregated the 1,200 DNA samples in a secure area.

Law-enforcement agencies tentatively had agreed the DNA evidence would not be kept in any database and would be used only for the south Louisiana serial-killer investigation and trial.

Those negotiations now may be scrapped in light of the task force's request, and Polozola started preparations Tuesday for Wagster's trial.

Leu Anne Greco, an attorney for the Sheriff's Office, argued Tuesday the parties did not agree that the 1,200 DNA swabs would never be used for forensic comparison in other crimes.

"We have no problem agreeing that the samples will be held and not put in any national index," Greco said. "But we do have a problem saying we have to ignore evidence that's in our possession."

But Polozola disagreed, saying, "That really was not my understanding. My understanding was (the DNA) would be put on hold until we decided other issues."

Sheriff's Office Lt. Col. Greg Phares said the temporary restraining order won't deter the task force.

"We'll go full speed ahead using other resources, and if the ruling is eventually in our favor, we'll use this resource as well," he said.

For another story related to this article click on:  http://2theadvocate.com/stories/032004/new_moredna001.shtml