Laken Riley Murder: Jose Ibarra Returns to Court for Hearing on DNA Evidence

ATHENS, Ga. – Jose Ibarra, the man accused of murdering nursing student Laken Riley on the University of Georgia campus, will return to court on Friday for a hearing on the possibility of using DNA evidence in the upcoming trial.

Ibarra is accused murder and other crimes in Riley’s February murder. AND The 10-count indictment accuses Ibarra for hitting a 22-year-old Augusta University nursing student in the head, choking her and ripping her clothes with the intent to commit sexual assault. Ibarra he pleaded not guilty to the allegations.

Prosecutors previously released evidence against Ibarra, including a thumbprint from Riley’s phone, DNA from her fingernails and video footage.

Ibarra’s defense argued that the DNA evidence was unreliable, submitted his application in October try to have information taken from the cheek swab removed from evidence by arguing that it was collected by law enforcement without a warrant.

DNA evidence was to be discussed during the previous hearingbut by then the lab results weren’t ready.

Ibarra wants to throw away cell phones

Riley’s body was found near Lake Herrick in February after she failed to return home from her morning run. Investigators say that during a search of his brother’s apartment where he lives, they were able to identify Ibarra as a possible suspect.

Two of Jose Ibarra’s cell phones were seized during the search, but they were only searched after a subsequent warrant was obtained. Ibarra was arrested that day on an outstanding warrant before he was charged with Riley’s murder.

As with the DNA case, Ibarra’s attorney wants to prevent these cellphones from being presented as evidence. Under a motion issued Oct. 28 by Athens-Clarke County Superior Court Judge H. Patrick Haggard, the defense can seek to reopen evidence related to an earlier motion to dismiss the case filed earlier this month. The documents do not reveal what evidence would lead to the exclusion of both cellphones.

Ibarra’s murder trial is scheduled to remain in Athens

In October, Supreme Court Justice H. Patrick Haggard denied a defense request to move the trial out of Athens-Clarke County. The defense cited extensive media coverage that would make it difficult for Ibarra to have a fair trial and that the jury pool could be inherently biased.

Although the judge acknowledged that it was a high-profile case, he added that news of the case had spread throughout Georgia and even made national news. Wide pretrial publicity alone does not automatically justify a change of venue, he said.

Under Georgian law, changing the venue of an event is only justified if the advertisements are factually incorrect, inciteful or create a hostile atmosphere. The judge ruled that the defendant had not presented evidence to show that any of these conditions had been met.

The judge added that the change of venue would also not affect jurors’ ability to remain objective.

In addition to the DNA hearing, a hearing on pretrial motions is scheduled for November 12 jury selection will begin on November 13. Ibarra’s trial is scheduled to begin at 9 a.m. on November 18.