Judge allows Fusco murder case to proceed with DNA evidence

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More than 40 years after the rape and killing of Lynbrook teen Theresa Fusco, a Nassau County judge has ruled that the case against Richard Bilodeau will move forward, marking another development in one of the county’s most complex homicide cases.

Bilodeau, 63, of Center Moriches, was indicted in October in connection with Fusco’s 1984 death after investigators used modern DNA technology to link him to the crime. Defense attorneys later sought to have the indictment dismissed, arguing that the evidence presented to the grand jury was insufficient, but the judge denied that motion, allowing the case to proceed.

Fusco, then 16, who worked at the Hot Skates roller rink in Lynbrook, was last seen on Nov. 10, 1984, walking home from work. Weeks later, on Dec. 5, her body was discovered in a wooded area near the rink. Authorities said she had been beaten, raped and strangled, and her death sent shockwaves through the Lynbrook community.

At the center of the case is DNA evidence that prosecutors say links Bilodeau to the crime. According to Nassau County District Attorney Anne Donnelly, investigators obtained a DNA sample from a discarded smoothie cup earlier this year and compared it to evidence recovered from Fusco’s body, resulting in what officials described as a definitive match.

“Things have changed since 1984,” Donnelly said in October. “Science and DNA evidence doesn’t lie.”

Prosecutors argue that the DNA match, along with the circumstances of Fusco’s death, provides strong evidence of Bilodeau’s involvement.

Defense attorneys, however, have challenged the strength of that evidence. They argued that there is no direct physical or circumstantial evidence placing Bilodeau at the scene, such as fingerprints, eyewitness testimony or a weapon. They also raised concerns about the age and condition of the DNA sample, noting that it had been preserved for decades before being tested.

Despite those arguments, the judge ruled that the evidence met the legal standard required for the indictment to stand.

The case has a long and complicated history. In 1986, three men — John Kogut, Dennis Halstead and John Restivo — were convicted in Fusco’s rape and murder but were later exonerated after DNA testing excluded them as suspects. Their convictions were vacated in 2003 after they had served about 18 years in prison, and later findings revealed misconduct during the original investigation. In 2017, a federal appeals court upheld a jury verdict awarding more than $43 million to Kogut and Restivo.

As the case moves forward, the judge has given attorneys until early May to respond to requests related to additional DNA testing. Bilodeau is scheduled to return to court in June.

For now, the ruling ensures that, more than four decades after Fusco’s death, the case will continue through the court system, with its outcome still uncertain.