New Evidence in Mysterious Death

September 27, 2013 Updated Jun 2, 2010 at 11:40 PM EDT

By John Borsa

September 27, 2013 Updated Jun 2, 2010 at 11:40 PM EDT

BUFFALO, NY (WKBW) -- DNA evidence connected to the mysterious death of Amanda Wienckowski is in the woman's autopsy file, according to her family's attorney Steven Cohen.

Cohen said he saw correspondence regarding the evidence between the Erie County Medical Examiner's Office and the Erie County District Attorney's Office dated April, 2010.

"That's inconsistent with their statement that there's no DNA evidence," Cohen said. "We were told there was no DNA evidence. We were told there was no rape kit."

Cohen was analyzing crime scene photos and autopsy records alongside the family's privately-hired forensic pathologist, Dr. Silvia Comparini.

Comparini came to Buffalo this week to look at Wienckowski's heart, liver and trachea after she discovered the items were missing during a second autopsy of the young woman's remains earlier this year.

"We are a giant step closer to the truth today," said Cohen.

Wienckowski, 20, was discovered upside down in a garbage bin behind a church at the corner of Clinton St. and Spring St. in January, 2009.

She was naked and frozen.

The death was initially ruled suspicious, but an autopsy later ruled Wienckowski died of a drug overdose.

The family believes she was murdered.

Dr. Comparini will go to the scene on Thursday morning before making her final determination on Wienckowski's cause of death.

The family will be in court on June 9, when they hope to present Dr. Comparini's findings and ask a judge to decide how the case should proceed.