GREEN BAY, WI (WTAQ-WLUK) — The suspect in an attack on a woman walking on a De Pere trail wants the DNA evidence in the case barred from use at trial. Meanwhile, an Oct. 24 trial date was set Friday.
Miles Cruz, 17, has pleaded not guilty to five counts, including attempted homicide, first-degree sexual assault, kidnapping and strangulation for the Oct. 5 incident. Under Wisconsin law, 17-year-olds are prosecuted in adult court for criminal cases.
According to the criminal complaint, the victim was walking on the East River Trail with her son when the attack happened. Prosecutors allege Cruz put a sweatshirt over the victim’s head, pulling her backwards. The victim told police she fought to get away, but the attacker squeezed her neck, causing her to lose consciousness. However, she did remember being sexually assaulted.
The defense filed a motion Thursday to suppress use of the DNA, argued his Constitutional search rights were violated. A hearing on that will be held July 15.
According to the motion, the defense argues the state “had no warrant to seize any DNA samples from Cruz; and, further, Cruz did not freely, voluntarily, and intelligently consent to providing any DNA samples.”
The motion includes a transcript of some of the recording of Cruz’s interview with police.
Detective Guth: Alright, what we’re going to do is I’m going to collect some DNA from your fingers.
Mr. Cruz: OK.
Detective Guth: Is that alright? [Long pause]. The reason I’m doing this is, you wouldn’t have been involved in a fight or anything on the trail or you didn’t scratch anybody?”
Mr. Cruz: No, nobody touched me or anything.
Detective Guth: I’m going to do your fingernails like under your nails. We’ll start with your left hand.
The defense argues that wasn’t sufficient.
“Here, Mr. Cruz did not consent-in-fact. Further, voluntary consent cannot be found to exist. At absolute best, the state can demonstrate that Mr. Cruz merely acquiesced and yielded to the detective’s show of authority. If consent is granted only in acquiescence to a claim of lawful authority, the consent is invalid,” the motion contends.
Prosecutors have not responded to the motion in writing, and did not address its merits in court Friday.
The trial is scheduled to last five days.
