GALLOWAY TOWNSHIP — Eleven years after Tiffany Valiante was struck and killed by a New Jersey Transit train, the attorney for her family says potentially important evidence from the 18-year-old's death is no longer available — including clothing photographed at the State Medical Examiner's Office after her death.
Attorney Paul D'Amato also says the state still possesses a remaining DNA sample from Tiffany that her family wants released as it continues challenging the official determination that she died by suicide.
D'Amato discussed the evidence dispute Saturday during a two-hour WOND special devoted to the Valiante case.
“We do know, by virtue of speaking to the Deputy Attorney General, that they do not have the clothing that was on Tiffany when she was found,” D'Amato said.
The revelation prompted immediate surprise from the other participants.
“If you see the photographs that were taken in their office, there was clothing,” D'Amato continued. “That clothing is gone.”
D'Amato said that clothing could have presented another opportunity for forensic testing.
“There would be DNA on the clothing,” he said.
The assertion that the clothing is now unavailable comes from D'Amato. South Jersey NewsBeat did not locate a current state inventory independently confirming precisely when or how the clothing ceased to be in state custody.
But court filings independently confirm that the Valiante family has been complaining about the collection, preservation, testing and availability of evidence for years.
A 2019 Superior Court complaint specifically alleged that no DNA testing was performed on Tiffany's body and clothing and sought access to evidence for independent testing.
Family wants remaining DNA
D'Amato said Saturday that another part of the family's continuing legal fight involves biological material still held by the state.
“State Medical Examiner's Office, you have the only remaining piece of DNA of Tiffany Valiante,” D'Amato said. “You have concluded that it was suicide. Give that DNA to the family.”
The existence of a preserved Tiffany Valiante DNA sample is not merely an assertion made during the broadcast.
An independent DNA Diagnostics Center report documents a blood-card sample from Tiffany that was received by the Ohio laboratory in March 2021 and successfully used to establish her DNA profile.
The family's 2025 lawsuit sought broad court-ordered access to evidence held by New Jersey Transit Police and the Office of the Chief State Medical Examiner so its forensic team could conduct further analysis. The complaint also sought depositions from current and former state employees about how evidence was collected and preserved.
D'Amato said Saturday that he wants whatever biological material remains preserved.
“Why are you holding on to it?” he asked.
Years of problems with physical evidence
The missing-clothing allegation adds another chapter to an evidence controversy that has followed the case for years.
After a court authorized independent DNA testing, evidence was sent to DNA Diagnostics Center in Ohio.
Dr. Julie Heinig, the laboratory's director of forensics and DNA technical leader, later reported serious problems with how some of the material had been stored.
A T-shirt worn by Tiffany had been placed in a plastic bag and tied shut, according to Heinig's 2022 report.
Evidence that may contain biological material should generally remain dry and be stored in breathable paper packaging because plastic can retain moisture and promote mold growth, Heinig wrote.
The shirt appeared moldy when received by the laboratory, and testing produced no scientifically useful DNA result.
The laboratory also noted packaging problems with a stained white towel and ultimately reported that it could not obtain DNA of probative value from the submitted evidence.
D'Amato discussed that history Saturday.
He said the towel had been preserved in a manner that allowed mold to develop and compromise subsequent analysis.
“That's why it's so important that the New Jersey Transit Police Department decide that either they're going to open this investigation up,” D'Amato said, “or give the property that you obtain to the volunteer organization so that we can use it for our purposes.”
An axe collected near the railroad scene also became unavailable before the independent laboratory could examine it, according to previous court filings and public accounts of the case.
Latest lawsuit dismissed
The family's most recent legal attempt to obtain a broad review of evidence hit a setback earlier this year.
Stephen and Dianne Valiante filed suit in July 2025 against the State of New Jersey, NJ Transit, NJ Transit Rail Operations, NJ Transit Police and the Office of the Chief State Medical Examiner.
The complaint alleged that Tiffany may have been murdered and sought access to physical and digital evidence under New Jersey's Crime Victims' Bill of Rights and related civil-rights law.
Superior Court Judge John C. Porto dismissed the case this spring.
The Attorney General's Office, representing the state defendants, argued that many of the family's complaints had already been litigated. Porto ruled that because Tiffany's death remains officially classified as suicide, the Crime Victims' Bill of Rights did not provide the family the cause of action it asserted.
D'Amato made clear Saturday that he does not consider the legal fight finished.
He described the dispute as the family's sixth lawsuit involving the case and said he expects to continue pursuing the issue.
“Give us the property. Give us the evidence,” D'Amato said.
“And they say no.”
He added: “I'm going to be winding up in the Appellate Division and maybe the New Jersey Supreme Court on something that's so simple.”
D'Amato did not say during the broadcast that an appellate ruling has been issued, and South Jersey NewsBeat found no appellate decision resolving the dispute.
Official ruling remains suicide
Tiffany, a recent graduate of Oakcrest High School who was preparing to attend Mercy College, died July 12, 2015, after being struck by an Atlantic City Rail Line train in Galloway Township.
The State Medical Examiner classified her manner of death as suicide.
That remains the official determination.
Her parents have challenged it for more than a decade, arguing that investigators moved too quickly toward suicide and failed to adequately investigate other possibilities.
Saturday's WOND special brought together D'Amato, Cruel Summer journalists Marie McGovern and Martin Dunn, and hosts Gabe Staino and Don Berenato.
Their central request was for anyone with firsthand information about Tiffany's final hours to come forward.
For D'Amato, however, the continuing search for answers also involves evidence that government agencies themselves collected after her death.
“When people wonder why Steve and Diane are still pursuing this,” D'Amato said, the problems surrounding the physical evidence are a major part of the answer.
About the Author
Karen Johnson
With over 30 years of news experience in major markets like Los Angeles, Denver, and Columbus, Karen now covers our area for South Jersey NewsBeat. She also brings her articulate and conversational news delivery to WOND radio listeners every weekday. Her background includes work with the NBC Radio Network, and she thrives in fast-paced news environments.
