connectVideoMan charged with the murder of the 27-year-old jogger faces judge
A man who have been indicted for murder is the claim of a language barrier led to him unwittingly, provide researchers his DNA without voluntary consent, MassLive reported.
Angelo Colon-Ortiz is accused of killing a 27-year-old Vanessa Marcotte, a Google employee, whose body was found on Aug. 7, 2016, near her mother’s home in Princeton, Mass. An investigation has led authorities on Colon-Ortiz is Worchester residence in March 2017, where investigators obtained his DNA through a cheek swab. Colon-Ortiz was arrested in April and indicted for murder, but pleaded not guilty.
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Colon-Ortiz’s lawyer filed a motion earlier this month in Worchester Superior Court to suppress the DNA evidence, arguing that the researchers obtained Colon-Ortiz’s DNA without his voluntary consent, a search warrant or probable cause, the report said.
According to a statement in support of the motion, Colon-Ortiz is a U.S. citizen born in Puerto Rico, but not understand, speak or write in English. He said that “two large white officers” showed up in his hometown with a translator that spoke of “a version of Spanish that was strange for me.” Rachel Lozada-Vega, Colon-Ortiz’s girlfriend, translated between the spaniard and the Colon-Ortiz, according to the affidavit.
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“I had only recently moved back to my home from work when the cops arrived at my house,” the statement reads. “They said they were investigating all Latinos in Massachusetts and were looking for a black car. At this point Rachael, who I see as my wife has stated that her car was green.”
Colon-Ortiz said the agents questioned him about a murder in Princeton and gave him a piece of paper and draw. He said he gets the impression that he had no choice in the matter.
“I have not read, and did not understand that I was signing a consent to have a sample of the saliva out of my mouth,” the statement reads. “I was told by Rachael in Spanish” just do it.’ I don’t have the sample voluntarily.
Colon-Ortiz, the attorney stated that the lack of communication denies the permission the Colon-Ortiz allegedly gave to researchers. A hearing for the motion is scheduled for Jan. 17, The Telegram & Gazette reported.