Judge Denies Move To Block East Area Rapist Suspect DNA, Genital Photos

SACRAMENTO (CBS13) — For the third time, the 72-year-old former policeman accused of being the East Area Rapist was wheeled into a Sacramento courtroom, Thursday morning.

His public defense attorney hoped to fight prosecutors' efforts to collect more DNA samples and photographs of the suspect's body.

But, the judge ruled in favor of prosecutors.

"We're just trying to give him a vigorous defense. That's what he's entitled to, and that's what we're doing," said defense attorney Diane Howard.

Joseph DeAngelo's attorney argued such private pictures are unconstitutional.

The judge ruled pictures of Deangelo's body, even of his genitals, are non-testimonial in nature. Translation? It's not protected by the Fifth Amendment's privileges against self-incrimination.

"The concept of the Fifth Amendment is really very narrow and limited, so it wouldn't protect from identifying physical characteristics anywhere on your body--even your genitalia," said UC Davis Law Professor Edward Imwinkelried, who wrote books on criminal evidence which are cited in supreme court cases.

Imwinkelried says it's not a matter of whether the pictures are prohibited. The question is, could they be relevant in the case?

"The answer to that's yes. If, for example, one of the rape victims says that at the time of the assault she noticed particular characteristics on the penis, that evidence could be critical on the issue of identity," he said.

So what could that physical trait be?

Former Sacramento County Sheriff John McGinness says he learned about it long before his time in law enforcement.

"That was the scuttle in the community, that for lack of better terminology, that he was "under-endowed," that was the talk, result of comparisons from victims that got together and described their experience," said McGinness.

How could the pictures play out in a potential trial?

"First the trial judge will have to decide whether to let it in at all, and that'll turn on its relevance and his judgment as to whether it's likely to improperly influence the jury."

Oher legal experts say the most damning evidence against the suspect is the scientific DNA and any potential souvenirs collected from his home at the time of the search.

Several print news organizations have filed a motion to unseal those search warrants.

The judge will rule on that at DeAngelo's next court appearance, May 14.