ATHENS, Ga. — A judge heard arguments for the second time during a pretrial hearing on Friday on the possible exclusion of DNA evidence for the suspect accused of killing a nursing student on University of Georgia's campus back in February.
Jose Ibarra's lawyers filed a motion to exclude evidence and expert opinion that concerns DNA evidence produced by a genetics company, TruAllele Casework Software.
Prosecutor Sheila Ross was in court Friday questioning an FBI agent, one of several investigators who seized two cell phones and collected data from them. Ross argued the evidence was collected lawfully using multiple warrants.
However, Ibarra's attorneys disagree, questioning the methods investigators used to collect data from the phones.
"There is no limitation as to the data the state could have seized based on their interpretation of the warrant they got," said one of Ibarra's attorneys. "For that reason, Your Honor, we ask that you grant our motion to suppress or, at the very least, limit the data the state can use at trial to the data time range authorized by the warrant."
Ibarra's attorneys also asked the judge to stop the jury from seeing specific DNA evidence.
In court, defense lawyers argued they only recently received the data and needed an estimated six weeks to have an expert analyze it and supply a report to understand the evidence.
According to records filed by prosecutors, Ibarra is accused of disconnecting a 911 call that Riley made. His fingerprints was allegedly found on the phone.
State prosecutors stand by the evidence and want their experts to testify.
"The request to limit the expert's opinion to something that is really no opinion at all. It is just not logical and supported in fact. He is an expert in fingerprints," said a state prosecutor.
There was also a hearing on Oct. 11, where a judge in Athens heard arguments about what evidence could be included in the trial against Ibarra in the killing of Laken Riley in a trial that is likely going to capture national attention.
Judge Patrick Haggard didn't rule on any of the evidence on Friday, but a decision is expected in the coming days.
The judge added that he doesn't want to push back the trial, which is scheduled to begin on Nov. 13 with jury selection.
The hearing happened Friday morning. 11Alive streamed the proceedings.
Re-watch the hearing below
What happened during the last hearing?
During that Oct. 11 hearing hearing, Riley's family members were in court, filling up an entire row as they waited for Ibarra to appear in front of them. Her mother became emotional when he walked into the courtroom and when details of the investigation came up.
In the hearing, Ibarra's attorneys filed a motion to sever count 10 (Peeping Tom) from the rest of the charges, for which the judge denied.
More importantly, the judge decided he would wait to give an answer to the defense team's motion for a change of venue. The prosecution argued that a change of venue would not limit the media coverage of this trial in any of Georgia's 159 counties. There is also a hearing scheduled for Nov. 1, where the defendant and the state are expected to hear motions.
Prosecutors had previously announced DNA evidence against Ibarra, which included a thumbprint from Riley's phone, DNA from her fingernails, as well as video footage.
“Laken Riley called 911 from her cellular telephone,” prosecutors wrote in a court filing in September. “That 911 call – the last outgoing call from Laken Riley’s cellular telephone – was disconnected by Defendant Ibarra.”
Background on the case
Ibarra, 26, is accused of killing Augusta University nursing student Laken Riley, 22, on UGA's campus on the morning of Feb. 22. According to authorities, Riley had gone for a run and when she didn't return, a concerned friend called campus law enforcement. UGA Police discovered her body with "visible injuries" in the forested area by Lake Herrick.
Prosecutors had previously announced DNA evidence against Ibarra, which included a thumbprint from Riley's phone, DNA from her fingernails, as well as video footage.
“Laken Riley called 911 from her cellular telephone,” prosecutors wrote in a court filing last month. “That 911 call – the last outgoing call from Laken Riley’s cellular telephone – was disconnected by Defendant Ibarra.”
11Alive previously obtained court documents from the Superior Court of Athens-Clarke County. The court records, dated Oct. 1, show a motion for continuance -- a formal request to delay a court hearing, trial or other scheduled proceeding -- was requested.
"Neither Defendant, nor the State have been provided the underlying data concerning DNA testing in this case despite repeated requests by both," the motion states. "Without that data, Defendant, cannot properly evaluate whether scientific methods were properly applied to this case."
In the motion, the State said it did not oppose the continuance.
Ibarra's trial is currently set to begin in November. He has pleaded not guilty and is facing the following charges in the case:
Jose Ibarra full charges in Laken Riley's death
- Malice murder
- Felony murder
- Felony murder
- Felony murder
- Kidnapping with bodily injury
- Aggravated assault with intent to rape
- Aggravated battery
- Obstruction or hindering a person making emergency telephone call
- Tampering with evidence
- Peeping Tom
11Alive streamed Friday's hearing on 11Alive+, which viewers can find on their Fire TV, Roku or Apple TV devices.
In 12 days, jury selection is scheduled to begin in the murder trial of Jose Ibarra, who is accused of attacking and killing a 22-year-old nursing student earlier this year.
"Laken riley" was out for a run on "The university of georgia" campus...
That was the focus of a hearing lasting several hours today here at the athens-clarke county courthouse…
It appears that evidence will play a crucial role in the state's case against jose ibarra. It ranges from d-n-a evidence…to fingerprints and cell phone data.
<<1st clip – 10:50:40> "And in searching 1b7 and 1b8 did you stay within the confines of the scopes of those warrants." "Yes"
Prosecutor sheila ross in court friday questioning an f-b-I agent…one of several investigators who seized two cell phones and collected data off of them…as part of the murder case against jose ibarra.
Ross argues the evidence was collected lawfully using multiple warrants.
Ibarra's attorneys though disagree…questioning the methods investigators used to collect data from the phones.
<1st clip – 11:30:12> "There is no limitation as to the data the state could have seized based on their interpretation of the warrant they got. For that reason your honor we ask that you grant our motion to suppress or at the very least limit the data the state can use at trial to the data time range authorized by the warrant."
Ibarra's attorneys are also asking the judge to stop the jury from seeing certain d-n-a evidence…evidence that could include d-n-a from laken riley's fingernails…
In court they argued they only recently received the data…and need an estimated six weeks to have an expert analyze the data for them and supply a report to better understand the evidence.
According to records filed by prosecutors…ibarra is accused of disconnecting a 9-1-1 call being made by riley…and having his fingerprint found on her phone.
His attorneys want the judge to not allow that evidence at trial…questioning the collection of fingerprints and a potential expert's testimony about it.
The state stands by the evidence and wants their expert to testify.
<2nd clip - 13:34:58>"The request to limit the expert's opinion to something that is really no opinion at all it is just not logical and supported in fact. He is an expert in fingerprints.">>
The judge didn't make a ruling on any of the evidence today…that could come in the coming days…
But he did say he doesn't want to push back the trial which is scheduled to begin on the thirteenth of this month with jury selection.
Reporting live in athens – I'm joe henke 11 alive news.