SALEM – A Superior Court judge has allowed the state to take a DNA sample from accused murderer Patrick Waweru, charged with killing his ex-girlfriend in the presence of their two young daughters in October, despite a strong objection by the defense.Assistant District Attorney Jessica P. Connors filed a motion Thursday asking Judge Howard J. Whitehead to order Waweru to submit to a buccal swab (saliva) for identification purposes for their case.Defense lawyer Russell C. Sobelman of Lynn strongly opposed the DNA taking, arguing that it is an intrusion inside his client’s body and that it can be used to accuse Waweru of wrongdoing. He also argued that it violated his client’s amendment rights.Waweru, also known as “Mwangi,” 28, who last lived at 4 Kingsley Ter. in Lynn, stands charged with the premeditated murder of 31-year-old Esther W. Kinyanjui on Oct. 15.In June 2007, Esther, and their two children, now ages 5 and 1, and Esther’s 57-year-old mother, Ruth Nyamu, moved from Massachusetts to Delaware.A few days before the murder, Waweru called Esther in Delaware on false pretenses, telling her that there was a court hearing she must attend regarding the apartment they once shared in Peabody.She drove up to Massachusetts with her two children and her mother on the night of Oct. 13 and went to her sister’s home in Lynn at 130 Adams St.Waweru met with her the day before the incident and again on Oct. 15 at his Kingsley Terrace apartment.It was shortly after 9:30 p.m. when she convinced him to drive her back to her sister’s home so she could say goodbye before they went to Delaware.When she went inside she told her sister Margaret and her mother, who were in the basement area, that there was no such court hearing and that Waweru had kept her hostage all day at his apartment and was waiting outside in the car so they could all go together.Then Waweru knocked at the door, requesting entrance.Esther’s mother Ruth told police she and her daughter Margaret pressed their bodies against the door to keep Waweru out, but he broke down the door anyway.Once inside, he first lunged at Margaret, hitting her on the head with a 2 x 4 foot board and apparently said, “I have to kill Esther.” He then allegedly struck Esther with the board, then dropped it. Margaret quickly picked up the wooden board and ran upstairs and out of the apartment with the 4-year-old child seeking help.Waweru then apparently pulled a knife from his sock and repeatedly stabbed Esther in the neck, chest, back and arms before fleeing from the scene.When police arrived they found Esther slumped against the washing machine in a pool of blood. She had suffered over 20 stab wounds.When police arrested Waweru at his apartment, he appeared to be under the influence of some narcotic. Four packets of Clonazapam were apparently found on his person.During an interview at Lynn Union Hospital with a physician from the psychology department, Waweru told the physician, in the presence of a police officer, that he had been thinking about killing his girlfriend.The couple had been involved in a relationship for approximately six years in which Waweru had physically abused and threatened her throughout their relationship.Sobelman indicated earlier that he “may have” a lack of criminal responsibility defense, meaning at the time of the incident, Waweru could not conform his actions to the requirement of the law because of his mental status.Waweru has had a history of mental health issues.Waweru is also charged with two counts of home invasion, two counts of assault and battery with a dangerous weapon, two counts of reckless endangerment of a child as well as armed assault with intent to murder in connection with the case.