The hearing is set to determine whether certain pieces of evidence, including cellphone data and DNA, will be admissible in his upcoming trial.
According to Fox News, Ibarra's defense team has previously sought to suppress evidence from cellphones, arguing that it was unlawfully obtained by law enforcement. They have also challenged the testimony of a witness who conducted DNA testing during Riley's autopsy, asserting that the results "did not exclude Defendant, but also did not exclude another known individual associated with the case."
The hearing is scheduled to take place just a fortnight before Ibarra's trial commences on November 18 in Athens-Clarke County, Georgia. Ibarra, 26, stands accused of a heinous crime: the attack and murder of Riley while she was out for a morning run along the dirt trails on the University of Georgia's campus on February 22.
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In May, a Georgia grand jury indicted Ibarra on several counts, including malice murder, kidnapping with bodily injury, aggravated assault with intent to rape, aggravated battery, obstructing or hindering a person from making a 911 call, tampering with evidence, and being a "peeping Tom."
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The latter charge stems from another incident on February 22, during which Ibarra allegedly peered through a window and spied on a university staff member at a residence on UGA's campus. Ibarra attempted to have this charge removed from his case, but prosecutors maintain that the two incidents are "inextricably intertwined."
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"Count 10 allegedly occurred the same morning as Ms. Riley was murdered, and the alleged crimes occurred within 300 yards of each other. … Defendant's alleged crimes are inextricably intertwined, as he allegedly went to one apartment complex, failed to enter the woman's apartment, and then went to a nearby wooded area where students are often found jogging or exercising," prosecutors stated in a court document filed on October 28. The court ultimately ruled that the peeping Tom charge would not be severed from his case.
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Ibarra and his brothers, also illegal immigrants from Venezuela, resided in an apartment building adjacent to the on-campus park where Riley was running. UGA Police Chief Jeffrey Clark characterized the murder of the aspiring nurse as a "crime of opportunity."
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Ibarra, who illegally crossed into the United States through El Paso, Texas, in September 2022, lived in an apartment complex that was a mere five-minute walk from where Riley's lifeless body was discovered. His older brother, Diego Ibarra, is charged with green card fraud and is allegedly connected to a notorious Venezuelan gang in the U.S. known as Tren de Aragua, as per federal court documents.
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The tragic death of Riley has become a focal point in the 2024 presidential election, as Republicans and Democrats grapple with the implications of illegal immigration over the past four years. The list of victims allegedly killed by illegal immigrants over the past two years includes Rachel Morin of Maryland, Jocelyn Nungaray of Texas, Lizbeth Medina of Texas, Ruby Garcia of Michigan, and Maria Gonzalez of Texas.
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Former President Clinton recently referenced Riley's murder during a campaign visit to Georgia on behalf of Vice President Kamala Harris and Gov. Tim Walz, D-Minn. He said, "[Harris is] the only candidate who has actually endorsed a bill that would hold down immigration any given year to a certain point and then made sure we gave people a decent place to live, didn't divide people from their children. And we did total vetting before people got in. Now, Trump killed the bill."
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Republicans, however, have countered that the immigration policies under the Biden-Harris administration have resulted in a record 7.2 million illegal immigrants entering the country over four years, a number greater than the population of 36 states. They argue that such lax immigration policies have led to tragic incidents like Riley's murder, underscoring the urgent need for stricter border control and immigration policies.