Attorney Matthew Nilo’s Legal Battle Over DNA Evidence

Matthew Nilo, a lawyer from New Jersey, appeared in Suffolk Superior Court facing charges related to sexual assaults in Boston over 17 years ago. The hearing focused on DNA evidence obtained by FBI agents during a 2023 operation at a Manhattan restaurant. The prosecution claims the DNA links him to multiple assaults that occurred in 2007 and 2008 when Nilo was a young adult.

Nilo’s defense team argues the DNA evidence should be dismissed. They claim it was collected without a warrant during a stakeout at Oscar Wilde Restaurant and Bar in New York City. The agents allegedly gathered items such as drinking glasses, a fork, and a napkin used by Nilo during his meal.

The defense says that Nilo did not forfeit these items, as he lacked a meaningful chance to take them when leaving the restaurant.

Joseph Cataldo, Nilo’s attorney, contends that the DNA evidence obtained from tableware in New York was taken without Nilo’s knowledge, consent, or a warrant.

Prosecutors counter that once the items were left behind and cleared by restaurant staff, Nilo had no expectation of privacy. Special Agent Joe Bonavolonta from the FBI noted that Nilo’s arrest was due to genetic genealogy, a method generating leads in unsolved cases.

During a 2023 hearing, it was revealed that investigators matched a DNA profile from rape victims with that of one of Nilo’s relatives in a public genealogy database. This was corroborated by a sample from a drinking glass Nilo used at a later corporate event in New York.

Nilo, who has remained on bail, faces additional charges. Initially, in May 2023, he was charged with aggravated rape, kidnapping, assault with intent to rape, and indecent assault. A grand jury later indicted him on further counts of rape and indecent assault.

Fox News Digital has sought comment from Nilo’s attorney, Cataldo.