RENO, Nev. (CBS/AP) - Accused killer and rapist James Biela refused to give police a DNA sample, so they took DNA from his son instead. Now a Washoe County, Nev. judge has ruled the son's DNA can indeed be used by prosecutors to try to tie Biela to the January, 2008 murder of 19-year-old Brianna Denison, who vanished while sleeping on a friend's couch near the University of Nevada-Reno campus.
Denison's body was found three weeks later.
Biela's lawyers had tried to suppress the DNA evidence taken from his son, a minor, who submitted the sample with the consent of his mother, who is Biela's girlfriend. From that, forensic experts determined the boy's biological father could not be ruled out as the source of DNA evidence gathered from the crime scene in the Brianna Denison case, and in two rapes with which Biela is also charged.
Washoe District Judge Robert Perry last Monday denied the motion by Biela's lawyers to suppress the son's DNA sample.
Biela has pleaded not guilty to Denison's murder. He could face the death penalty if convicted.
The trial is scheduled to start in May.