WORCESTER, Mass. (AP) — A lawyer for the suspect in the 2016 slaying of a Google employee killed while out for a run near her mother’s Massachusetts home has asked to a judge to throw out DNA evidence in the case.

Angelo Colon-Ortiz listens to a translator through headphones during his arraignment on a murder charge in the killing of Vanessa Marcotte on July 26, 2017. (WBZ-TV)

Edward Ryan Jr., who represents Angelo Colon-Ortiz, says in a motion filed this month that his client’s DNA was collected in violation of his constitutional rights. Ryan says Colon-Ortiz, whose native language is Spanish, doesn’t understand English, didn’t understand a police interpreter, and thus could not voluntarily give a DNA sample.

Prosecutors have not filed their response to the motion to suppress.

Vanessa Marcotte. (Photo credit: Massachusetts State Police)

Colon-Ortiz has pleaded not guilty in the August 2016 death of 27-year-old Vanessa Marcotte, who lived in New York City but was visiting her mother in Princeton, Massachusetts when she was killed.

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