Associated Press

WORCESTER (AP) — A judge denied a motion Tuesday to suppress DNA evidence collected from a man suspected of killing a Google employee from New York who went missing in 2016 while out for a run in Massachusetts, meaning it can now be admitted at trial.

Angelo Colon-Ortiz has pleaded not guilty to a murder charge in the death of Vanessa Marcotte, 27, in the town of Princeton, about 40 miles (64 kilometers) west of Boston.

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Colon-Ortiz’s lawyers argued in their motion that DNA samples collected from their client by state police in March 2017 were obtained illegally because police did not have a warrant, because a consent form in Spanish explaining Colon-Ortiz’ rights was not properly translated, and because the state police did not send a trooper with adequate Spanish translation skills to his home.

Judge Janet Kenton-Walker in her decision said even though there was a problem with the form, “Considering the totality of circumstances in this case, the consent form, together with the interview with police, conveyed” that they were looking for a DNA sample.

Colon-Ortiz’s attorney, Eduardo Masferrer, said he was “disappointed” with the judge’s decision and may appeal.

Colon-Ortiz barely understood the trooper’s translation, Masferrer said.

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“The court clearly indicated that the form raised ‘serious concerns’ and is the product of carelessness,” and contained “a litany of errors,” Masferrer said in a statement.

And although the form was largely “confusing and nonsensical to a non-English speaker,” the court found that because one sentence was clear, his client would understand the rights he was giving up, he said.

According to prosecutors, Colon-Ortiz’s DNA matched DNA found underneath Marcotte’s fingernails.

Marcotte was visiting her mother in 2016 when she failed to return from a run. Her body was found hours later in the nearby woods.

Colon-Ortiz worked as a delivery driver at the time of the killing and was familiar with Princeton and the surrounding area, prosecutors have said.

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