Wednesday, April 16 2014 10:54 PM EDT2014-04-17 02:54:16 GMT
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LOUISVILLE, KY. (WDRB) -- The man charged with killing a Sullivan University student was in court Thursday, as attorneys for both sides fought over constructing a DNA profile of the victim.
Gregory O'Bryan is set for trial in April, charged with murder, sodomy, and abuse of a corpse in the death of Andrew Compton. The two met online, and O'Bryan told police Compton died during sex.
Compton's body has never been found, so the Commonwealth requested a Texas University to construct a DNA profile of Compton in case his remains are found.
Attorneys later found out that profile can't be used because it was entered in the CODIS computer software system, which is not accessible to the attorneys.
But the defense still wants the preliminary information from the DNA profile. Amy Hannah, O'Bryan's attorney, says, "This is not a case where they are swabbing a cheek. They're running it through a match. They have to take DNA from a relative of Andrew Compton and make this profile. It's our belief that when this is done, multiple profiles can result."
At the end of the hearing, the judge said the defense can subpoena that information from the university since even the prosecution doesn't have the preliminary information.
Tom VanDerostyne, the Assistant Commonwealth's Attorney says, "We don't have the victim's body, so we don't normally don't deal with profiles, victim profiles."
Kentucky State Police are now working on a similar DNA profile using DNA from Compton's parents. Attorneys on both sides are waiting for those results.
Hannah says she doesn't believe it's going to be possible to go to trial in April, asking for more time. But the prosecution says it's ready for trial.
Judge Mitch Perry of Jefferson Circuit Court Division Three says, "With regard to the trial date, my concern is this has become an older case. We have a trial date in April." The judge will meet with the attorneys in mid-January and decide if the trial will be delayed again.