A Houston County grand jury will reconsider 35 sex charges against a Dothan man after the defense showed an analysis of DNA evidence excluded the suspect.
Houston County Judge Kevin Moulton remanded all sex crime charges against Emiliano Rodriguez back to a Houston County grand jury on June 6.
Rodriguez, 40, of Dothan is charged with 10 counts of second-degree rape, 20 counts of second-degree sexual assault, and five counts of second-degree sodomy.
Prosecutor Mark Johnson stated in a motion filed earlier this week saying the state became aware all submitted evidence was not tested and believes all evidence should be re-submitted and tested.
Johnson stated the cases against Rodriguez were still under investigation.
Defense Attorney Bill Joe Sheffield, who represents Rodriguez, filed an objection to the state’s motion, saying prosecutors have had access to the results of the forensic report since November 2018.
The forensic report states the defendant’s DNA is not a match; the DNA is from an unknown male suspect and Sheffield’s client has been excluded.
Sheffield also filed a motion to dismiss all the charges against his client and/or an immediate release from custody or bond for his client.
Moulton denied Sheffield’s motion to dismiss charges against Rodriguez, who has been held in the Houston County Jail since his arrest on May 8, 2018.
A Houston County grand jury indicted Rodriguez on Sept. 20, 2018, on charges that he had sexual relations with a female victim younger than 16 but older than 12, between December 2016 and May 7, 2018.
Rodriguez pleaded not guilty to the 35 sex crime charges in November.