Defendant declined to consent to a DNA test during his statement which is sought to be admitted. He later sought and consented to a DNA test. It should not be excluded at trial because it isn’t seeking to penalize his right to refuse. United States v. Chism, 2021 U.S. Dist. LEXIS 89799 (E.D. Tenn. Apr. 21, 2021):
For the above reasons, the Court finds the portion of Defendant’s statement contained in Clip 5, minute marker 2:55-7:05 contains statements that go well beyond a mere refusal to consent to a DNA swab and are highly probative of an essential element of the gun charges brought against Defendant. Additionally, the probative value of the statements far outweighs any prejudice to Defendant resulting from their admission into evidence; therefore, the Court concludes that this portion of Defendant’s statement is admissible and should not be suppressed.