The unlawful migrant accused of killing Georgia nursing pupil Laken Riley will likely be tried later this month — after his attorneys tried to delay proceedings and expel essential proof seized within the investigation.
Choose Patrick Haggard rejected motions to exclude proof associated to DNA, fingerprints and cellphone information throughout a preliminary listening to in Athens-Clark Superior Court docket Friday, after protection attorneys for Jose Ibarra argued the objects have been collected unlawfully by legislation enforcement, native retailers reported.
Protection lawyer Dustin Kirby additionally tried to delay the trial — slated to start Nov. 13 — difficult the reliability of the DNA proof and urgent the information was so “voluminous and technical” that it might take so long as six weeks for an knowledgeable to evaluation.
“I’ve tried to know the information and I’m unable to take action,” Kirby informed the trial choose, citing the DNA proof produced by genetics firm, TruAllele Casework Software program, in line with the Athens Banner-Herald.
Haggard suggested he wouldn’t delay the trial, however would as an alternative permit the accused assassin’s protection to place a system knowledgeable on the stand through the trial, the outlet reported.
Ibarra, a Venezuelan migrant whose household has ties to the damaging Tren de Aragua gang, is charged with murdering the 22-year-old Augusta College nursing pupil whereas she was on a morning run on the close by College of Georgia campus in Athens in February.
Ibarra, 26, allegedly pulled up her garments to sexually assault her — then hit her on the top and asphyxiated her, prosecutors say.
Riley was discovered near her condo after a pal referred to as the police when she didn’t return house from jogging.
Police arrested the suspect the subsequent day at his condo on South Milledge Avenue, who has since pleaded not responsible to the ten counts of malice homicide, kidnapping, aggravated assault and associated crimes.
The case sparked nationwide debate since Ibarra entered the nation illegally via El Paso, Texas, and was launched by immigration authorities as a consequence of an absence of house.
He was then arrested in New York Metropolis in August 2023 for driving a gas-powered moped with a 5-year-old on the again with out a helmet or belt.
He was launched in that case earlier than fleeing to Georgia to be along with his brother Diego, one of many relations linked with the now-notorious Venezuelan gang Tren de Aragua, officers have stated.
The alleged killer’s protection beforehand requested a change of venue as a result of widespread media protection surrounding the case — a movement the choose denied final month.
Ibarra is being held at Athens-Clarke County Jail with out bail pending his trial.
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