Laken Riley Murder: Jose Ibarra returns to court for DNA evidence hearing

ATHENS, Georgia. – Jose Ibarra, the man accused of killing nursing student Laken Riley on the University of Georgia campus, will be back in court Friday to hear whether DNA evidence can be used in his upcoming trial .

Ibarra is charged with murder and other crimes in connection with the February killing of Riley. In a 10-count indictment, Ibarra is accused of hitting the 22-year-old Augusta University College of Nursing student in the head, suffocating her and pulling up her clothing with the intent to sexually assault her. Ibarra pleaded not guilty to the charges.

Prosecutors previously announced evidence against Ibarra, including a fingerprint from Riley's phone, DNA from her fingernails and video footage.

Arguing that the DNA evidence was unreliable, Ibarra's defense filed a motion in October to try to remove information from a cheek swab from the evidence, saying it was collected by law enforcement without a warrant.

The DNA evidence was scheduled to be discussed at an earlier hearing, but lab results were not available at that time.

Ibarra wants cell phones to be thrown away

Riley's body was found near Lake Herrick in February after she failed to return home from a morning run. According to investigators, they were able to identify Ibarra as a potential suspect when they searched his brother's apartment where he lives.

Two cell phones belonging to Jose Ibarra were seized during the search, but were not searched until a later warrant was issued. Ibarra was arrested that day on an outstanding warrant before being charged with Riley's murder.

As with DNA, Ibarra's lawyer wants to prevent these cell phones from being introduced as evidence. In a motion granted Oct. 28 by Athens-Clarke County Superior Court Judge H. Patrick Haggard, the defense may seek to reopen evidence related to an earlier motion to suppress heard earlier this month. The documents do not indicate what evidence could lead to both cellphones being excluded.

Ibarra's murder trial remains in Athens

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

While acknowledging that it was a high-profile case, the judge added that news of the case had reached throughout Georgia and even made national headlines. He said the extensive pre-trial publicity alone did not automatically justify a change of venue.

Under Georgia law, a change of location is only justified if the advertising is factually inaccurate, inflammatory, or creates a hostile environment. The judge ruled that the defendant had not presented evidence that any of these conditions were met.

The judge added that a change of venue also had no effect on the jury's ability to remain objective.

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