BOULDER — Lawyers for a man accused of raping and murdering a University of Colorado student in 1997 want the court to throw out DNA evidence found on the bat police believe he used to kill her.
Prosecutors intend to present evidence that genetic material found on the grip of the aluminum bat is similar to the DNA profile of a woman associated with the suspect, Diego Olmos Alcalde, 39, according to a motion filed by his attorneys, Mary Claire Mulligan and Steven K. Jacobson.
Alcalde’s DNA is not on the bat, which was found near the spot where police believe Susannah Chase, 23, was beaten, according to the motion.
Prosecutors can “dirty up” Alcalde by introducing the DNA if they want to suggest he used the bat in another crime, said Denver defense lawyer Rick Kornfeld, who isn’t involved in the Alcalde case.
No deadline has been set for the judge to rule on the motion.
Chase was raped and beaten near her home in Boulder on Dec. 21, 1997.
DNA taken from Alcalde when he was imprisoned in Wyoming on a charge of kidnapping in an unrelated case linked him to genetic material found on Chase’s body.
Alcalde was arrested in Aurora in connection with Chase’s murder on Jan. 26, 2008, and he remains in jail in Boulder County.
