As the trial for the murder of Georgia nursing student Laken Riley approaches, the accused killer is arguing that crucial evidence was obtained in an "unlawful manner".
On February 23rd, 26-year-old Jose Ibarra was arrested for the murder of Laken Riley, 22, who was fatally attacked while jogging on the University of Georgia campus.
Ibarra's defense alleges that two cellphones, his social media accounts, Google data, and eventually his DNA were "seized or searched in an unlawful manner," according to CourtTV .
The defense further asserted that on the day of Ibarra's arrest, officer "unlawfully entered his apartment without a warrant" and that Ibarra was "detained by police in the absence of probably cause."
Authorities had only acquired the necessary search warrant after Ibarra had already been detained, according to the defense.
The motion further contends that the search warrants themselves were "not based on probable cause, overbroad, and was the fruit of the poisonous tree."
It also raised concerns about the DNA testing and fingerprints involved in the case, asserting that samples from Riley's autopsy "did not exclude (Ibarra), but also did not exclude another known individual associated in the case."
Ibarra is currently set to stand trial in November, with prosecutors pursuing a life sentence without the possibility of parole, while Ibarra currently pleads not guilty to the 10 charges, which include malice murder, three counts of 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 and peeping Tom.
In late February, Laken was running on UGA's campus when Ibarra allegedly attacked her with an object, attempted to rape her, and dragged her body to a secluded area to hide it. He is accused of asphyxiating her and severely disfiguring her head by striking her with a rock. Ibarra also faces charges for tampering with evidence, including disposing of his jacket and gloves to conceal the crime.
Preliminary autopsy reports indicate that the 22-year-old victim died from blunt force trauma to the head, according to WJBF.
