ATHENS, Ga. — A judge will hear 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.
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.
The hearing is happening on Friday morning around 10 a.m. 11Alive will live stream it in the video player above this story and the YouTube player below.
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 plans to stream Friday's hearing on 11Alive+, which viewers can find on their Fire TV, Roku or Apple TV devices.