Miles Cruz (Photo source: Wisconsin Department of Corrections)
GREEN BAY, WI (WTAQ-WLUK) – The attorneys for a teen convicted of attacking a woman along a De Pere trail reiterated their argument the DNA sample used to tie him to the scene was gathered illegally, according to the latest brief in the case.
Miles Cruz, now 19, pleaded no contest to four counts in connection with the Oct. 5, 2021, attack: sexual assault, kidnapping, strangulation and suffocation, and recklessly endangering safety. A count of attempted homicide was dismissed as part of a plea deal. He was sentenced to 42 years, six months in prison.
As part of the investigation, police obtained a DNA sample from mouth and finger swabs. Before he pleaded out, his lawyers argued Cruz didn’t give consent, but Judge Tammy Jo Hock rejected the motion. His attorneys filed an appeal in December, arguing that decision violated Cruz’s Fourth Amendment rights.
In their brief filed earlier this month, prosecutors said the trial court judge properly allowed the DNA evidence.
In their 12-page brief, filed Friday, attorneys Kirk Obear and Stephanie Rock contend the state’s reasoning is flawed.
“Mr. Cruz is unaware of any court holding that evidence obtained pursuant to a warrant months after the incident and after that same evidence was already illegally obtained is subject to the inevitable discovery doctrine. If this Court were to adopt Plaintiff-Respondent’s logic, why would a law enforcement officer ever get a warrant prior to obtaining DNA samples? Without fear of repercussion, there would be nothing keeping law enforcement from repeatedly violating an individual’s constitutional right to privacy. Such behavior is exactly what the exclusionary rule was established to prevent. The evidence obtained in violation of Mr. Cruz’s constitutional rights must be suppressed,” they wrote.
Oral arguments are not anticipated, and it will be several months before the appeals court issues a ruling.
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