came to be accepted: positive results would be admitted only if the jury were told of the likelihood of a DNA match occurring; negative results could be admitted without any showing of likelihood; and “[i]n certain circumstances, the results of a DNA test may be inconclusive, [and, if so] are inadmissible.” Id. at 222 n.7. The broader point, however, was that the admissibility of DNA test results should be determined on a case-by-case basis. Id. at 222. The circumstances here demonstrate the wisdom of a case-by-case approach. The defense in this case appropriately “call[ed] into question the integrity of the police investigation,” and most pointedly its use of forensics. Commonwealth v. Bowden, 379 Mass. 472, 485, 486 (1980). See Commonwealth v. Cordle, 412 Mass. 172, 177 (1992) (<HOLDING>). When faced with such a suggestion, the
holding that the victims negligence is not a defense to criminal conduct holding failure of the police to conduct certain tests is a permissible ground on which to build a defense holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal holding that defendant waived ineffective assistance claim based on trial counsels failure to emphasize certain evidence where amended motion for new trial did not assert claim of ineffectiveness on that ground and no argument related to the asserted ground was made at the motion for new trial hearing holding that it was permissible for prosecutor to comment on the general failure of the defense to produce any evidence