The man who was convicted of sexually assaulting a woman on a Brown County trail is looking to go back to court.
The attorneys for Miles Cruz have filed a motion to appeal his conviction. According to WBAY TV, Cruz’s legal team claims that his DNA was collected without a warrant or informed consent and thus was not legal evidence in the case.
It is being argued that the detective who collected the evidence didn’t tell Cruz, who was 18 at the time, that he could have refused consent, making the collection involuntary.
Cruz was previously found guilty of 1st Degree Sexual Assault Causing Great Bodily Harm, Kidnapping, Strangulation, and Suffocation, and 2nd Degree Recklessly Endangering Safety, while a charge of Attempted 1st Degree Intentional Homicide was dismissed but read into the record.
He was sentenced to spend over 40 years in prison.
