Wynn won’t have to provide DNA sample

Kim Smith

Wednesday, June 19, 2002 | 10:24 a.m.

Casino mogul Steve Wynn will not have to provide a DNA sample to the man who claims he is his half-brother.

District Judge John McGroarty Tuesday denied a defense attorney's motion that would have forced Wynn to provide the sample after prosecutors amended a criminal complaint filed against Donald Eugene Phillips.

Phillips, 47, is accused of trying to extort $50 million from Wynn through a series of letters and voice mails over the last two years. In the letters Phillips alleges that Wynn is his long-lost half brother.

Phillips repeatedly threatened to expose their relationship if Wynn did not split a $100 million inheritance he claims their father left them in 1963. He is scheduled to go to trial July 8 on 20 felony counts.

If convicted and deemed a habitual criminal because of his criminal history, Phillips could spend the rest of his life in prison.

Wynn has denied being related to Phillips and says he has never even met him.

Originally, the criminal complaint filed against Phillips stated that Phillips tried to extort Wynn through "false claims of heritage," prompting defense attorney Elizabeth Quillin to file a motion demanding a DNA sample from Wynn.

On Wednesday Chief Deputy District Attorney Abbi Silver took out the "false claims" portion of the charges to render the issue moot. She had been prepared to argue that taking Wynn's DNA would be an invasion of privacy.

McGroarty denied Quillin's motion as a result of Silver's actions, angering Phillips, who yelled "you can't extort what's yours" and "Steve Wynn is Mafia and a (expletive) liar!"

At the beginning of Wednesday's hearing, McGroarty heard arguments from both sides as to whether the letters written by Phillips to Wynn should be admitted as evidence at trial.

The attorneys also argued whether jurors should hear about Phillips' prior felony convictions for such things as attempted robbery, theft and auto theft.

Quillin argued the convictions are between 12 and 25 years old and irrelevant.

"He lives his life as a thief," Silver said. "He's lived his life trying to force people out of their money and their property."

McGroarty is to decide on those issues sometime prior to trial.