A judge has denied a delay of trial motion for the migrant suspect in the Laken Riley murder case.
Patrick Haggard, a judge for the Athens-Clark Superior Court in Georgia, aired the judgment Friday, after defense attorneys for Jose Ibarra fought to stall proceedings.
They did so by a motion to exclude evidence related to DNA, in a case centered around the February slaying on the University of Georgia (UGA) campus.
It saw Ibarra, an undocumented 26-year-old immigrant from Venezuela, allegedly stalk and strangle the 22-year-old while she had been out for a morning jog.
Riley, a nursing student at nearby Augusta University, was found close to her apartment following a call from a friend to police – spurring an investigation that culminated with Ibarra’s arrest.
Following Judge Haggard’s rejection, the trial is still slated to kick off November 13.
‘I’ve tried to understand the data and I am unable to do so,’ Defense attorney Dustin Kirby reportedly told the judge during his failed attempt to stop the trial in its tracks.
The jurist went on to engage in testimony surrounding TrueAllele, a DNA computerized system devised by the technology company Cybergenetics that has helped with the case.
Unknown evidence garnered by the system pertains to DNA, fingerprints, and cellphone data, lawyers from both sides said – citing how it had been analyzed by investigators and poised to surface during this month’s proceedings.
Kirby argued the items were collected unlawfully by law enforcement, and that the defense team also needed time to enlist their own expert to analyze the evidence.
Unconvinced, Haggard’s told Kirby and other attorneys hired by Ibarra he would not delay the trial over such issues.
Offering some respite, he said he would leave open the opportunity for the defense to provide their own expert, before disclaiming the case would resume as normal other than that.
That set the stage for a trial to be held in the wake of election week, indelibly linked to the greater situation at the US Border, where Ibarra gained entry to the country.
He was arrested the day after the murder at his apartment on on South Milledge Avenue, and has since pleaded not guilty to the 10 counts against him.
They include malice murder, kidnapping, aggravated assault and more crimes, which could see him hit with life in prison when all’s said and done.
An investigation following his arrest laid bare how he entered the country illegally, through El Paso in late 2022.
He was subsequently apprehended by border officials, but quickly released due to a lack of space.
Within months, he was arrested in New York City – this one for riding a gas-powered moped with a 5-year-old on the back without a helmet or safety belt.
Despite the August 2023 infraction, he was again later release – paving the way for him to travel to Georgia to be live with his brother Diego.
Federal authorities went on to discover how Diego, the suspect’s elder brother, boasted ties to the infamous Venezuela gang Tren de Aragua, which feds say has been trying to gain a foothold in the US.
Homeland Security Investigators would soon find photos of Diego flashing the gang’s hand signals online, as well as a slew of identifying tattoos like stars, clocks, trains, weapons and crowns.
More pictures showed him toting firearms – even though illegal immigrants in the US are not legally allowed to own guns.
Meanwhile, his little brother’s defense recently requested a change of venue due to the widespread media coverage set to surround the case – a motion also denied by Judge Haggard as the case makes its way to court.
He pulled up Riley’s clothes to sexually assault her before bludgeoning her over the head and asphyxiating her, prosecutors have claimed.
He will continue to be kept at Athens-Clarke County Jail without bail, officials said.
His trial will take place in a little over a week.
