By Robert Tomlinson
News Director
CENTREVILLE — As pre-trial motions and hearings continue in the case of a man accused of sexually assaulting two girls in Sturgis last year, both sides are seeking more information on DNA tests from Michigan State Police.
In a status conference hearing Friday, Jan. 24, Anastase Markou, the lawyer for Miguel Hernandez-Ruiz, said that he had filed a motion earlier this month for that additional information, as according to who he called a “recognized DNA expert,” their opinion was that there were “anomalies” in the initial results they had “significant concerns about” and needed the information from either MSP or the prosecutor’s office to do a full review of the results.
The request for this information was sent in early November, Markou said, noting that he was in communication with then-prosecutor David Marvin at the time of the request. He added that in late December, he discussed getting the information with incoming prosecutor Deborah Davis and Paulino Hernandez, the St. Joseph County sheriff’s deputy assigned to the case, who indicated they also requested that information from MSP, had not yet received it, and were unsure about its status.
Because the additional details on the DNA test have not been released as of yet, he could not move forward with any motions in the case, including a motion to quash the bind over to Circuit Court that was granted last year in District Court.
Assistant Prosecutor Gary Gabry said he had not seen any updated lab reports as of yet from MSP. Circuit Court Judge Paul Stutesman said that he couldn’t compel Gabry to produce material he doesn’t have, suggesting briefly an order to show cause with representatives from MSP about the delay in receiving that information and the information in general.
The motion was adjourned for two weeks while the issue of getting the DNA test information gets resolved.
Hernandez-Ruiz is charged with one count of home invasion and two counts of first degree criminal sexual conduct with victims under the age of 13 after allegedly breaking into a home in the Sweet Lake Mobile Home Park outside of Sturgis in the early morning hours of March 20, 2024. The CSC charges can carry up to life in prison.
Robert Tomlinson can be reached at 279-7488 or robert@wilcoxnewspapers.com.
