DNA collection of suspected East Area Rapist can continue
A judge denied a motion by the attorney for suspected East Area Rapist Joseph DeAngelo that sought to ban an effort by prosecutors to collect more of DeAngelo's DNA and photos, specifically of his genitals.
"I see no Fifth Amendment privilege," Judge Michael Sweet said. "There's no basis to stop the execution of the search warrant."
Sweet added that DeAngelo's public defender Diane Howard, sought the wrong venue and wrong way to challenge the execution of the search warrant.
Howard filed the motion to block efforts by the district attorney to take DNA, fingerprints and photos of DeAngelo's body.
Sacramento County District Attorney Anne Marie Schubert got a warrant last week to gather the samples and photographs.
++Who is suspected East Area Rapist, Joseph DeAngelo?
DeAngelo was arrested last week and identified as the suspect in at least a dozen murders and more than 50 rapes between 1976 and 1986.
Prosecutors said they used DNA and a genealogical website to identify DeAngelo, decades after the case had gone cold.
Prosecutors initially planned to take more DNA and photographs Wednesday, prompting Howard's motion to halt the action.
++Former Auburn PD chief: East Area Rpist suspect 'blended in'
In a brief court appearance Wednesday, Superior Court Judge Michael Sweet delayed the hearing until Thursday.
DeAngelo, in an orange jumpsuit and handcuffed to a wheelchair, appeared alongside Howard. He has not yet entered a plea.
Howard argued in a motion that the search warrant should be stopped because it was approved before DeAngelo was arrested and arraigned last week.
Prosecutors argued that the search warrant was still relevant and said collecting the evidence won't be "testimonial in nature."
The Associated Press and other news organizations have filed a motion to unseal the full search and arrest warrants for DeAngelo, which could provide additional details about the DNA techniques prosecutors used to identify him.
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