WICHITA, Kan. (AP) A federal judge has postponed the Kansas trial of a man charged with assuming the identity of a dead Texas boy, giving the prosecution and defense time to obtain DNA that each side hopes will bolster their case. While DNA evidence has long been a mainstay in other criminal trials, its use in an immigration-related identity theft case like the one filed against Teodoro Erasmo Luna is rare. Most such cases also don't lend themselves to DNA testing because the government usually doesn't have a way to get a comparative DNA sample. In this case, the U.S. attorney's office wants to compare the defendant's DNA to the sisters of the child he is accused of impersonating, David Pena. Luna is charged in a 17-count indictment with aggravated identity theft, misuse of a Social Security number, document fraud, making a false statement on a U.S. passport application, making a false claim of U.S. citizenship, among other related crimes. The idea to use DNA testing was initially brought up by the prosecutor, and the judge agreed after the defense also asked the court to delay the Jan. 13 trial to allow time to conduct the test and receive results. … Continue reading
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