Update: Lawyers Can Take Pics of GSK Suspect Joseph Deangelo's Penis
UPDATE: Prosecutors can collect more DNA, fingerprints and photographs of East Area Rapist suspect Joseph James DeAngelo, a judge has ruled.
“I’m not going to stop the execution of the search warrant,” Sacramento Superior Court Judge Michael Sweet ruled on Thursday, according to the Sacramento Bee.
Though he did not specifically discuss the request to photograph DeAngelo’s penis, Sweet said that the search warrant signed last week by a judge was a legal order – and that suspects are typically required to produce evidence in these cases.
“There is no Fifth Amendment privilege I can see,” Sweet said.
DeAngelo’s public defender Diane Howard had filed a motion to block a search warrant in which prosecutors sought to collect more evidence, including photos of DeAngelo’s penis.
But prosecutors hit back, saying that DeAngelo’s lawyers were challenging “a lawful search warrant signed by a neutral magistrate.”
Read more: Sacramento Bee
SACRAMENTO, CA — The lawyer for Joseph James DeAngelo is trying to stop law enforcement from photographing her client’s penis, according to court documents.
DeAngelo, who was arrested last week at his home in Citrus Heights, is the man police suspect of being the Golden State Killer — who was also known as the East Area Rapist and other nicknames.
Prosecutors received a sealed search warrant signed by a Sacramento Superior Court judge allowing them to continue seeking major case fingerprints from DeAngelo as well as DNA and “photographs of Joseph DeAngelo’s entire body, including his penis,” the Sacramento Bee reports.
His public defender, Diane Howard, is seeking to prevent authorities from collecting more DNA from her client and from taking photographs of areas of his body, including his genitals.
During the 1970s and 1980s, police publicized the fact that the East Area Rapist suspect was allegedly not well-endowed. Former Sacramento Sheriff John McGinness said that the request for photographs of DeAngelo’s penis could relate to this information.
Prosecutors filed papers opposing Howard’s motion and said that officers planned to take DeAngelo’s photos and obtain DNA Wednesday afternoon in the jail.
Sacramento Superior Court Judge Michael Swee said on Wednesday that he needs more time to review the request. He is expected to rule on the motion today.
DeAngelo, 72, appeared in court in a wheelchair again at the brief hearing on Wednesday.
DeAngelo, a former police officer and car mechanic, is being held in the Sacramento County Main Jail without bail. He is expected to face a total of 12 murder charges from Sacramento, Orange, Santa Barbara, and Ventura counties in connection with a 44-year-old crime spree.
He has not yet entered a plea in the case. His next court date is scheduled for May 14.
Watch the full series of Investigation Discovery’s The Golden State Killer: It’s Not Over on ID GO now!
Read more: Sacramento Bee