News Photo by Julie Riddle Defense attorney Peter Samouris argues that his client, Blaine Crumley, shouldn’t have to provide a DNA sample to police while facing rape charges in Alpena’s 26th Circuit Court Monday.

ALPENA — An Alpena man accused of turning consensual sexual activity into rape won’t have to turn over his DNA to police, a judge ruled Monday.

Blaine Crumley, who a woman said choked and bit her, leaving bruises and injuries requiring surgery, argued through his attorney in Alpena’s 26th Circuit Court that he shouldn’t have to comply with a search warrant requesting his DNA for comparison with bodily fluids in the alleged victim’s undergarments.

A sample of Crumley’s DNA was taken at the time of his arrest, defense attorney Peter Samouris said, and should not have to be supplied again.

The sample taken at arrest is entered into a database for other purposes and can’t be used to confirm a match with the fluids, requiring a new samble to be collected, explained Alpena County Prosecutor Cynthia Muszynski.

Samouris, speaking at length in protest of the search warrant, accused Muszynski of withholding paperwork, speaking when it wasn’t her turn, insulting him personally, assuming the judge would fail to show impartiality, and monopolizing the hearing.

Judge Benjamin Bolser ruled that the search warrant is not valid and the second sample will not be supplied. Muszynski may file a motion to challenge the ruling once it’s ascertained that it is needed by the Michigan State Police crime lab, Bolser said.

Crumley, who admits to the sexual encounter but said it was consensual, later told the alleged victim that his previous girlfriend “liked it that rough” and didn’t mind being bruised, according to a police report.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.