LOUISVILLE, Ky. (AP) - Prosecutors say DNA evidence links a
Louisville man to a 4-year-old boy whose body was found in a trash
Jefferson County Commonwealth's attorneys say that two hairs found in Cecil Eugene New's apartment match Cesar Ivan Aguilar-Cano's DNA.
New is charged with kidnapping and killing the child last summer.
Prosecutors were in court on Monday to ask a judge for permission to do DNA tests on four additional hairs found on the boy's shirt, The Courier-Journal reported.
The Commonwealth's Attorney's Office says that at least one hair
is "microscopically" similar to hairs taken from New.
Because of the deterioration of the hairs, a DNA analyst believes further testing will destroy them, so Assistant Commonwealth's Attorney Jon Heck asked Circuit Court Judge Judith McDonald-Burkman for permission to do the tests.
Defensive attorney Jay Lambert asked to delay the testing to
determine if other tests may need to be done first before the hairs are destroyed.
Circuit Court Judge Judith McDonald-Burkman did not rule on the DNA tests on Monday. Another court date has been set for April 30.
New faces charges of murder, kidnapping, tampering with physical
evidence and being a persistent felony offender. Prosecutors plan to seek the death penalty if New is convicted.
New has been on the Kentucky sex offender registry since March
2000. He was convicted of sodomy involving 11- and 9-year-old victims in northern Kentucky.
Ivan was buried in his mother's hometown of San Juan Tapalapa,
Guatemala, in August. His mother, Rosa Cano, who is in the United
States illegally, was granted a special visa allowing her to leave and return to the country as a material witness in the criminal investigation.
McDonald-Burkman has ordered the evidence in the case sealed,
saying that New's right to a fair and impartial jury is greater than the public's right to have access before it is released in court. However, the evidence is public record when it is discussed in open court.
(Copyright 2008 by The Associated Press. All Rights Reserved.)