The state has filed a motion with the courts to remand cases against Emiliano Rodriguez to a Houston County grand jury.
Rodriguez, 40, of Dothan is charged with 35 sex crimes, including 10 counts of second-degree rape, 20 counts of second-degree sexual assault, and five counts of second-degree sodomy.
In his motion, prosecutor Mark Johnson said the state has become aware all submitted evidence was not tested and believes all evidence should be re-submitted and tested.
The cases against Rodriguez are still under investigation, Johnson said.
Bill Joe Sheffield, who represents Rodriguez, filed an objection to the state’s motion, saying the state has 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 Rodriguez 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.
Rodriguez has been in jail since he was arrested 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.
A jury trial is scheduled for June 10, in front of Houston County Circuit Judge Kevin Moulton.