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ATLANTA — A judge has rejected a petition for a caller proceedings for a Venezuelan man convicted of sidesplitting Georgia nursing student Laken Riley, a lawsuit that became a flashpoint successful nan nationalist statement complete immigration.
Lawyers for Jose Ibarra based on his law authorities were violated erstwhile nan judge declined 2 defense motions earlier trial. One was a petition to hold nan proceedings to springiness an master witnesser clip to reappraisal and analyse DNA data. The different would person excluded immoderate cellphone evidence.
Clarke County Superior Court Judge H. Patrick Haggard, who presided complete nan trial, wrote successful an bid Monday that nan grounds of Ibarra’s guilt presented by nan authorities was “overwhelming and powerful.” After Ibarra waived his correct to a assemblage trial, Haggard recovered him blameworthy of execution and different charges during nan November 2024 proceedings and sentenced him to life successful prison.
Attorneys for Ibarra did not instantly respond to an email Tuesday seeking remark connected nan judge’s denial of nan mobility for a caller trial. Ibarra has 30 days to record a announcement of appeal.
Ibarra, 28, had entered nan U.S. illegally successful 2022 and was allowed to enactment while he pursued his migration case.
Prosecutors said Ibarra encountered Riley while she was moving connected nan University of Georgia field successful Athens connected Feb. 22, 2024, and killed her during a struggle. Riley was a student astatine Augusta University College of Nursing, which besides has a field successful Athens, astir 70 miles eastbound of Atlanta.
Ibarra’s proceedings attorneys had asked nan judge to hold nan proceedings aft a DNA master said she would request six weeks to reappraisal grounds analyzed utilizing TrueAllele Casework, package utilized to construe DNA and assistance nan defense. The judge wrote successful his bid Monday that Ibarra’s lawyers “effectively challenged nan TrueAllele DNA grounds astatine trial” and concluded that Ibarra was not harmed by nan denial of a delay.
The DNA master testified during a January proceeding connected nan mobility for a caller trial, and nan judge wrote that he did not find her sentiment to beryllium persuasive aliases reliable and that it would not person changed nan proceedings outcome.
Ibarra’s attorneys besides had challenged nan seizure of 2 cellphones from his apartment, saying they were not listed connected nan hunt warrant, and sought to exclude grounds pulled from them. Haggard wrote that location were “exigent circumstances authorizing nan seizure of nan cellphones” and that nan phones were not searched until aft warrants were issued authorizing nan hunt of nan contents of nan phones.
Brumback writes for nan Associated Press.
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