Jadakiss is scheduled to appear in court for weapons possession next month, even though DNA evidence shows he had not handled the gun in question.

The Journal News reports that 32-year-old Jadakiss (real name Jason Phillips) and two other men, Darnell Frazier and Kristian Smith, are all being prosecuted on felony gun charges, even after DNA testing on the loaded .38-caliber handgun showed three seperate, unknown men had handled the gun.

As SOHH previously reported, Jadakiss was arrested on October 7, 2006 after Yonkers police stopped the Toyota Camry carrying them. Police said they smelled marijuana and a search of the vehicle resulted in the discovery of the stolen handgun in the center console. Darnell Frazier was driving the car, which belonged to his girlfriend, when police stopped the vehicle.

"He had no knowledge of the gun in the car," Jada's lawyer, Clement Patti, told reporters yesterday after the case was scheduled for trial assignment. "They're saying that there's a presumption (of possession) ... but with no fingerprints, (and others') DNA, in the interest of justice they should dismiss the charges."

According to the Journal News, police submitted the gun for DNA testing because they believed sweat was present on the weapon. While they received DNA samples from the three defendants for comparison purposes, test results have revealed that the DNA found on the gun was from three other men.

Frazier, 25, also faces a charge of driving while ability impaired by marijuana. Jadakiss previously entered a not guilty plea to charges stemming from the incident in February. A fourth occupant of the car was also initially arrested, but after testifying when the case was presented to the grand jury, he was not indicted.

Phillips, Frazier and Smith are all currently free on bail, but are expected to be present for the trial at Westchester County Court next month.