Douglas County prosecutors have appealed a judge's refusal to allow certain evidence in the upcoming trial of accused Creighton killer Anthony Garcia.
County Attorney Don Kleine filed the emergency appeal with the Nebraska Supreme Court on Monday. The judge today ruled.. prosecutors can not use cybergenetics testing in the case. Prosecutors say the DNA evidence would have provided a stronger connection between a murder scene and a burglary committed earlier that day.
Investigators accuse Garcia of killing 11-year-old Thomas Hunter and Shirlee Sherman in 2008, and Doctor Roger and Mary Brumback in 2013.
It's now up to the Supreme Court to decide whether the evidence will be allowed in Garcia's trial, which is scheduled to begin on September 26th. It's unclear on when the Court may rule on the appeal, or if the trial will be delayed again.