WARNER ROBBINS, Ala. (AP) — An Alabama judge has ordered a grand jury to reconsider 35 sex charges against a Houston County man.
Prosecutors say 40-year-old Emiliano Rodriguez had sexual relations with an underage girl between 2016 and 2018.
But according to news outlets, Rodriguez’s defense attorney says DNA evidence did not match Rodriguez. The forensic report says the DNA is from an unknown male suspect, not Rodriquez.
On Thursday, a judge denied the defense’s motion to drop all charges against Rodriguez, instead asking the grand jury to review the charges. Rodriguez pleaded not guilty in November.
Earlier this week, prosecutors said all evidence in the case had not been tested and should be resubmitted. However, the defense objected, saying DNA test results had been available since November.