Murder or Overdose? Family of Dead Woman Requests More Evidence

September 27, 2013 Updated Jun 9, 2010 at 8:35 PM EDT

By WKBW Admin

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September 27, 2013 Updated Jun 9, 2010 at 8:35 PM EDT

BUFFALO, NY ( WKBW ) The family of a local woman found dead in a garbage tote is trying to prove her death was a homicide and they believe a ruling from judge on Wednesday moves them a step closer to finding the truth. The frozen, naked body of Amanda Wienckowski, 20, of Lewiston was found in a garbage tote behind a church at Clinton and Spring Streets in Buffalo in 2009. The county medical examiner ruled her death an accidental drug overdose. Wienckowski's family believes someone killed her and dumped her body and they hired their own forensic pathologist, Dr. Silvia Comparini, to try to prove it.

The attorney for Wienckowski's family, Steven Cohen, tells Eyewitness News that a judge ruled on Wednesday afternoon that the City and County will have to turn over to Dr. Comparini some of the evidence the Comparini requested. The DNA analysis along with crime scene and autopsy photographs though will only have to be turned over to Dr. Comparini if the dead woman's family can show valid reasons why their pathologist needs to see it. The family attorney describes the ruling by the judge as quote: "It was a very good day for us."

The judge also granted a request from City and County attorneys for a confidentiality agreement as the case moves forward.