Laken Riley murder: Jose Ibarra trial set for November as judge rules on pretrial motions
ATHENS, Ga. - Jose Ibarra, the man accused of killing a nursing student, Laken Riley, on the University of Georgia campus, is expected to be in an Athens courtroom next month for his murder trial.
Ibarra is charged with murder and other crimes in the February killing of Riley. A 10-count indictment accuses Ibarra of hitting the 22-year-old Augusta University College of Nursing student in the head, asphyxiating her and pulling up her clothing with the intent to sexually assault her. Ibarra pleaded not guilty to the charges.
Ibarra wants cellphones thrown out
Riley’s body was found near Lake Herrick in February after she didn’t return home from a morning run. Investigators say they were able to identify Ibarra as a potential suspect when they searched his brother’s apartment, where he lives.
JOSE ANTONIO IBARRA
During the search, two of Jose Ibarra’s cell phones were seized but were not searched until a later warrant was obtained. Ibarra was arrested that day on an outstanding warrant before being charged with Riley’s murder.
Ibarra’s attorney again wants to suppress those cellphones from being introduced as evidence. In a motion granted by Athens-Clarke County Superior Court Judge H. Patrick Haggard on Monday, the defense can seek to re-open evidence related to a previous motion to suppress heard on Oct. 11. The documents do not reveal what evidence might lead to the cellphones being excluded.
That, along with another hearing on DNA evidence, will be heard on Nov. 1. The DNA evidence was supposed to be a part of the aforementioned hearing in October, but lab results were not ready by that date.
‘Peeping Tom’ severance denied for Ibarra
The judge also ruled this week, denying Ibarra’s motion to sever count 10, a "Peeping Tom" charge. The defense argued in October that the count did not have a direct impact to Riley’s murder. The act was reported by another woman on the same day as the murder about 300 yards from where her body was found. Attorneys said the count would only serve to prejudice the jury.
Laken Riley
Judge Haggard disagreed with their reasoning, believing that the prosecution can tie that incident to the murder, writing, "Defendant’s alleged crimes are inextricably intertwined, as he allegedly went to one apartment complex, failed to enter a woman’s apartment, and then went to a nearby wooded area where students are often found jogging or otherwise exercising."
"Absent a more compelling argument, the Court concludes that a jury can distinguish among all 10 alleged crimes," the judge added.
Ibarra murder trial to stay in Athens
Judge Haggard also denied a request by the defense to move the trial outside of Athens-Clarke County. The defense cited the extensive media coverage would make it difficult for Ibarra to receive a fair trial and that the jury pool might be inherently biased.
While the judge conceded this is a high-profile case, he added that news of the case has reached all across Georgia and even made national news. He said widespread pretrial publicity alone does not automatically justify a change of venue.
Laken Riley was killed by a man who authorities say was in the country illegally.
According to Georgia law, a change of venue is warranted only when publicity is factually incorrect, inflammatory, or creates a hostile environment. The judge ruled that the defendant had not provided evidence showing that any of those conditions had been met.
The judge added that a change of venue would also not impact jurors' ability to remain objective.
In addition to the upcoming DNA hearing, a pretrial motions hearing is scheduled for Nov. 12 with jury selection scheduled to begin on Nov. 13. Ibarra’s trial is scheduled to begin with opening statements at 9 a.m. on Nov. 18.