He lost his attempt to have his murder case thrown out and to have DNA evidence kept out of court. Erie County Common Pleas Court Judge Tygh Tone decided the case would move forward, but pushed the trial date
— originally scheduled to begin Monday — to Aug. 4. This gives defense attorney Ronnie Wingate time to have evidence independently tested or reviewed.
Reogas is accused of using a staple hammer to fatally bludgeon John Debski in July 2012 inside a Wilbert Street home.
Wingate had tried to argue that when the Ohio Bureau of Criminal Investigation tested all the DNA samples collected in the case, it resulted in the defense being unable to independently test the samples.
Defense attorneys should have been notified before the tests were done that the evidence would be destroyed, Wingate said, and the defense and prosecutors could have then selected a lab they both agreed upon to conduct the test.
If it’s not a death penalty case, Ohio BCI does not have to notify attorneys if a sample will be consumed in testing, according to the court.