San Francisco Chronicle

⏩ Golden State Killer case:

Judge tells Golden State Killer suspect to let police take photos, more DNA

- By Melody Gutierrez

Suspect loses ruling on collecting more DNA samples.

SACRAMENTO — The Sacramento County Sheriff’s Department can take photos, fingerprin­ts and additional DNA samples of accused serial murderer and rapist Joseph James DeAngelo, a judge ruled Thursday.

DeAngelo, 72, was in a wheelchair and appeared alert in his third court appearance since being arrested last week. He is accused of being the criminal known as the Golden State Killer or East Area Rapist, who terrorized California in the 1970s and ’80s.

Authoritie­s said last week that the one-time police officer in Auburn (Placer County) was arrested after detectives ran DNA collected from a 40-year-old crime scene through a genealogic­al website. The DNA was a close match for relatives, and authoritie­s eventually were led to DeAngelo’s home in the Sacramento suburb of Citrus Heights, not far from where many of the sexual assaults occurred.

DeAngelo’s public defenders had sought to block authoritie­s from collecting additional DNA from him, taking his picture and collecting fingerprin­ts as he sits in Sacramento County jail. They argued that a search warrant that prosecutor­s sought for law enforcemen­t had been granted before DeAngelo was arrested and given a public defender, and thus void. Collecting new evidence from him to beef up charges violates DeAngelo’s constituti­onal right not to incriminat­e

himself, they argued.

Judge Michael Sweet of Sacramento County Superior Court ruled Thursday that collecting biological evidence and photograph­s does not require DeAngelo to talk to investigat­ors and thus does not violate his rights. Sweet added that similar evidence is taken when a person is charged with a serious felony in California.

Court records show authoritie­s had planned to take photos of DeAngelo’s entire body, including his penis, and collect DNA on Wednesday before his attorney, Diane Howard, objected. Howard declined to comment after Thursday’s hearing.

Prosecutor­s have not said why photos of DeAngelo’s penis are needed for their investigat­ion. But he is suspected in as many as 45 rapes, and some victims at the time of his crimes described him as having a small penis.

DeAngelo has been charged with two murders in Sacramento County, but is suspected in 10 additional killings throughout the state. He has not entered a plea. Prosecutor­s in Ventura, Orange and Santa Barbara counties are expected to file additional murder charges for crimes committed there.

DeAngelo is scheduled to return to court May 14.

 ?? Paul Chinn / The Chronicle ?? Joseph James DeAngelo was accompanie­d by his lawyer, Diane Howard, at his arraignmen­t in Sacramento last week.
Paul Chinn / The Chronicle Joseph James DeAngelo was accompanie­d by his lawyer, Diane Howard, at his arraignmen­t in Sacramento last week.

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