Laken Riley's convicted killer seeks new trial
Jose Ibarra's new legal team claims errors during the original proceedings justify a new trial. Judge Patrick Haggard, who presided over the original case and handed down the maximum sentence, will hear the motion in Georgia.
The illegal immigrant convicted of murdering nursing student Laken Riley sought a new trial Friday, with a judge declining to rule after hearing arguments.
Jose Ibarra, who is serving life in prison without the possibility of parole, appeared in Athens-Clarke County Superior Court, where Judge Patrick Haggard heard arguments from Ibarra’s post-conviction attorneys and declined to rule from the bench.
Haggard ordered both sides to submit supplementary briefs and responses by Monday, March 2, before he decides whether a new trial is warranted.
During the hearing, Haggard said a court-ordered mental evaluation reviewed by the court found Ibarra was competent at the time of the crime and during his 2024 trial, rejecting a central argument raised by the defense.
VULNERABLE DEM'S SUPPORT FOR ALEX PRETTI COLLIDES WITH LAKEN RILEY ACT ANNIVERSARY
Laken Riley poses for a photo posted to Facebook. Riley, a nursing student at the University of Georgia, was found dead near a lake on campus on Feb. 22, 2024. (Laken Riley/Facebook)
The defense called Dr. Ruth Ballard, an expert in forensic serology and forensic DNA, whose testimony focused on physical evidence collected during the investigation and previously presented to the jury. Defense attorneys sought to cast doubt on evidence linking Ibarra to Riley’s murder and suggested alternative explanations for her death.
Ballard testified that a pair of bloodstained gloves recovered near Ibarra’s home contained mostly Laken Riley’s DNA, along with DNA from at least one other unidentified individual, but did not contain Ibarra’s DNA. She also testified that no male DNA was found on Riley’s sexual assault evidence kit.
On cross-examination, Prosecutor Sheila Ross challenged the defense’s suggestion that Ibarra’s older brother, Diego, could have committed the crime. Ballard confirmed that Y-STR testing showed the DNA found under Riley’s fingernails belonged to either Jose Ibarra or his brother Argenis, and that TRULEO testing identified the DNA as Jose Ibarra’s, excluding both Argenis and Diego.
Ballard also agreed that a victim fighting off her attacker and scratching him would likely have the attacker’s DNA under her fingernails. She testified that her conclusions were limited to forensic serology and DNA analysis, and did not take into account trace evidence, fingerprint evidence, or video evidence.
Jose Ibarra, accused of killing a Georgia nursing student, listens through an interpreter during his trial at Athens-Clarke County Superior Court, Friday, Nov. 15, 2024, in Athens, Ga. (Hyosub Shin/Atlanta Journal-Constitution via AP, Pool)
Ibarra was found guilty on all 10 counts in November 2024 for the Feb. 22, 2024, killing of Riley, 22, who was attacked while running on the University of Georgia campus. Prosecutors said Riley died during a violent struggle with Ibarra.
Riley was a student at Augusta University’s College of Nursing, which also maintains a campus in Athens, about 70 miles east of Atlanta.
Ibarra’s legal team has already obtained a mental evaluation as part of the appeals process, claiming he was not competent to stand trial. Friday’s hearing focused on whether alleged errors during the original proceedings justify a new trial.
Allyson Phillips, left, mother of Laken Riley, a Georgia nursing student killed earlier this year, reacts as John Phillips, stepfather of Laken Riley, comforts her during Jose Ibarra's trial at Athens-Clarke County Superior Court, Friday, Nov. 15, 2024, in Athens, Ga. (Hyosub Shin/Atlanta Journal-Constitution via AP, Pool)
Federal immigration authorities previously said Ibarra entered the United States illegally in 2022 and was allowed to remain in the country while his immigration case was pending.
Riley’s murder became a central issue during President Donald Trump’s 2024 presidential campaign, highlighting concerns about illegal immigration and violent crime. Last year, Trump signed the Laken Riley Act into law, which requires the detention of unauthorized immigrants accused of violent crimes or theft.
Ibarra is currently serving a life sentence without parole in a Georgia state prison.
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Fox News' Samanatha Daigle contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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