DNA Linking Ex-Marine to Little Girls' Murders Admissible: Judge

WAUKEGAN, IL — DNA evidence prosecutors say links a former Marine to the killing of two children in Zion in 2005 will be admissible in court, according to a judge's ruling on Wednesday.

On Mother's Day in 2005, two little girls' bodies were found in Zion. Eight-year-old Laura Hobbs and 9-year-old Krystal Tobias were the victims. Jerry Hobbs, Laura's father, was initially charged with the murders, but he was exonerated five years later after the DNA evidence pointed elsewhere, the Daily Herald reported.

Prosecutors say the DNA evidence points to Jorge Avila-Torrez, 28, a former U.S. Marine. He was 16 at the time of the girls' deaths. His attorneys argued that there is only a partial DNA match and that it shouldn't be considered evidence—that it is inconclusive and could unfairly lead to prejudice against Avila-Torrez, the Herald reported.

Judge Daniel Shanes ruled against the defense attorneys' appeal to get the evidence barred. It wasn't all bad for Avila-Torrez, though. Shanes refused prosecutors' request to give the jury the full recording of Avila-Torrez allegedly admitting to the murders.

The recordings came from Osama El-Atari, who has since died. El-Atari was in jail for scamming banks out of $53 million, the Herald reported, and wore a wire for a conversation with Avila-Torrez in exchange for a lighter sentence.

Shanes ruled that prosecutors must give him a transcript of the recordings and he will decide which statements are admissible, a victory for the defense.

Avila-Torrez' attorney, Jed Stone, referenced El-Atari's character on Wednesday, saying, "The jury will know Mr. El-Atari when I get done with this case... They will not like him, or trust him," according to the Herald.

The Chicago Tribune reported in 2015 that Avila-Torrez went on a hunger strike while incarcerated to protest a no-speaking restriction placed on him.

Regardless of the outcome of this case, Avila-Torrez will spend the rest of his life in prison. He is already facing the death penalty and five life sentences after being convicted of the murder of Navy Petty Officer Amanda Snell in 2009. Avila-Torrez lived in the same barracks as Snell at the time, who was killed when she was 20.

If convicted of the Zion girls' murders, he may be sentenced another 100 years in prison. The trial is expected to start in 2018.

Article image via Lake County Sheriff's Office