The preliminary hearing for Isreal Mireles in the murder of Emily Sander in 2007 has been postponed until August at the request of the defense attorney.
But before recessing the case a couple of motions were heard by the court Wednesday morning.
The prosecution, led by Deputy Attorney General Barry Disney, filed to obtain a search warrant for dental records, DNA samples, fingerprints and palm prints and photos of the defendant’s body to show any scars, tattoos, etc.
Melanie Freeman Johnson, a member of the Kansas Death Penalty Defense Unit in Topeka representing Mireles, filed a motion to prevent the seizure.
After a recess, allowing Johnson to review the search warrant she agreed to all of the requested items except the photos, asking she be present whenever samples were taken.
She objected to the photos due to insufficient probable cause.
“It’s been almost two years since the date of this incident,” Johnson said.
She said any injuries would be healed by this time.
Judge David Ricke overruled the objection and turned the search warrant over to Disney.
The state was ordered to preserve any samples so the defense team could do their own tests, or if they were going to use all of a sample to notify the defense.
Another request was made to allow Mireles contact with his mother, father, step-father and sister. All of them except Mireles’s father are endorsed witnesses for the defense, and in the earlier hearing Mireles had been told to have no contact with any witnesses.
Ricke allowed the request.
A final request by Johnson was that Mireles be allowed to appear at all future hearings in civilian clothes and with non-visible restraints.
Disney did not have any objection, but Ricke did not see the need for this at the preliminary hearing when there would not be a jury present.
Johnson felt the photos taken of Mireles because of the media attention could prejudice any jury pool in the future.
“Court room security is paramount,” Ricke said.
He did not deny or grant the request, rather asking for a written memorandum on the request from the defense and a response from the state. Then the court will issue a ruling.
The preliminary hearing has been rescheduled for Aug. 18.
El Dorado, Kan. —
