BOSTON (AP) – Cape Cod men who voluntarily gave DNA samples during the investigation into the murder of fashion writer Christa Worthington are suing to have the samples returned.

A class action lawsuit filed by the American Civil Liberties Union of Massachusetts in Suffolk Superior Court accuses District Attorney Michael O’Keefe of failing to make good on a promise to return or destroy the samples.

The samples were taken to exclude the men from the investigation. A trash collector, Christopher McCowen, was later convicted in the fatal stabbing in 2002.

The lawsuit alleges O’Keefe refused to confirm that the samples were destroyed, and the director of the State Police Crime Lab said the samples would not be destroyed without a request from O’Keefe.

A call to O’Keefe’s office was not immediately returned.

AP-ES-06-19-08 1529EDT

Only subscribers are eligible to post comments. Please subscribe or to participate in the conversation. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.