The attorney for a 30-year-old Aurora man accused of attacking a woman in August 2010 at a garden plot in the city wants a judge to ban DNA evidence from being used in court.
Defense attorney Kathleen Colton argues that police improperly obtained a DNA swab from the cheek of Tyrone M. Young, of the 800 block of Sard Avenue.
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"If this motion were to be granted, it would essentially cripple the state's case," Colton said.
Attorneys are due in court Jan. 17 to set a date to argue the matter.
Colton said Young was being questioned by police for a July 2011 attack of a woman in the women's washroom of a hardware store on Aurora's west side when police wanted to interview him about an unsolved August 2010 attack at the Oakhurst Forest Preserve community garden on the city's east side.
Young refused to sign a printed waiver form of his Miranda rights and said he wanted a lawyer, Colton said. Colton said there is no signature from her client on any type of form consenting to a buccal swab sample.
Because Young invoked his Fifth Amendment Right, he "could not have consented voluntarily to give a DNA sample," Colton said.
"From my standpoint, it's clearly a contradiction of how things are supposed to be done when you invoke that right," she added.
Young was arrested in July 2011 and charged with attempted criminal sexual assault, aggravated battery and public indecency in connection to an attack on a then-35-year-old woman in the washroom of the home improvement store.
While being held in jail, a Kane County grand jury indicted him in June 2012 on charges of attacking a different woman at the garden plots in 2010. Authorities said DNA evidence recently returned from the state crime lab came up as a match to Young.
Authorities said the then-29-year-old woman was choked, lost consciousness and sexually assaulted before others pulling into the parking lot saw what was going on and chased him away.
Young was being held at the Kane County jail on $1.25 million bail.