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Gargiulo's sample matched DNA collected from Pacaccio's fingernails, but Alvarez said it wasn't enough to charge him. She said a big problem was that there was no way to determine if the DNA got there during an attack or during what she called "casual contact." She said it was unknown if the DNA was collected from the surface of the fingernails or from beneath them. She said there were other ways the DNA could have gotten on her fingernails; Gargiulo had visited the Pacaccio's home and Pacaccio had been in his car. Pacaccio's parents have criticized Alvarez's office for not charging Gargiulo after the DNA match was made. On Thursday, they could not be reached for comment, but Diane Pacaccio released a statement through Chicago Magazine, which ran a lengthy story on the case this month, calling prosecutors' efforts "pathetic." "As long as he murdered only my daughter, they didn't care, they didn't do anything about it," she said. "They were willing to leave it an open case forever." But Alvarez, who inherited the case from her predecessor, Dick Devine, when she was elected in 2008, disputed that contention. "We've never given up on this case," she said. Alvarez said that when the two people contacted her office, they provided "very specific statements" about what Gargiulo allegedly told them when they worked at the same Southern California bar in the late 1990s, including that he said he left his victim "on the step for dead."
[Associated
Press;
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