Brandon Rittiman
Channel 2 News
Judge Robert Perry issued an order today denying accused murderer James Biela's request to throw out certain DNA evidence in the case against him.
Biela is accused of kidnapping 19-year-old Brianna Denison from a home near the University of Nevada, Reno last January, then raping and murdering her.
Denison's body was discovered a month later in a south Reno field.
While a hearing last week revealed that some DNA materials were available for testing, others were completely used up by the Washoe County Crime Lab.
Judge Perry wrote that the law recognizes that sometimes it may be necessary to consume an entire piece of evidence in order to test it.
Biela's lawyer says this is evidence meant to identify him as the culprit.
Two of the samples came from Brianna Denison's body as well as from another rape victim in the case, one of which included four sperm heads.
