Episode 143
Jose Ibarra is indicted on nine felony counts and one misdemeanor. The misdemeanor charge is for interfering with a call for emergency help. The felony charges include malice murder, three felony murder charges, kidnapping, aggravated assault with intent to rape, aggravated battery, tampering with evidence and peeping tom. Unlike many states, Georgia doesn't have degrees of murder. Malice murder requires intent, while felony murder has a lower burden of proof and does not require intent to kill. Ibarra has pleaded not guilty to the charges
The defense for Jose Ibarra aims to challenge the evidence prosecutors plan to use at trial and have filed motions attempting to incriminate evidence that was seized through a search warrant at Ibarra's home. The defense is also challenging DNA and fingerprint evidence that the prosecution says will prove Jose Ibarra murdered Laken Riley.
Hearing the motions in the Clarke County Courthouse, Judge Patrick Haggard, will have to make his rulings before the case goes to trial in mid-November. The judge has set another hearing for November first where the defense is challenging critical fingerprint identification, DNA, and social media evidence. Defense Attorney Dustin Kirby tells the judge he needs more time to study the DNA data he recently received.
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