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Judge deciding on evidence for Aberdeen murder trial

ABERDEEN (AP) -- A judge is allowing a bag of bloody clothes as evidence during the trial of an Aberdeen man accused in his girlfriend's killing, but is still deciding whether to include other evidence that suggests another person was responsible.

ABERDEEN (AP) - A judge is allowing a bag of bloody clothes as evidence during the trial of an Aberdeen man accused in his girlfriend's killing, but is still deciding whether to include other evidence that suggests another person was responsible.

John Hemminger, 34, has pleaded not guilty to murder in the January 2015 death of his 26-year-old former girlfriend, Jessica Goebel. Authorities said she was stabbed 26 times. She lived for five days before succumbing to her injuries.

Hemminger's defense team on Wednesday argued that police took the bag of clothes without first obtaining a search warrant, the American News reported.

The clothes were found at the apartment of an acquaintance of Hemminger. Defense attorneys argued that their client had a key to the apartment and thus an expectation of privacy.

Prosecutors maintained that authorities had probable cause to take the clothes, and Judge Scott Myren sided with them.

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Hemminger is scheduled for a three-week trial next month. The defense wants to introduce testimony suggesting another man might have killed Goebel, but prosecutors say they have evidence putting that potential suspect three hours away from Aberdeen at the time of the killing.

Hemminger faces life in prison if convicted. Prosecutors said earlier they would not seek the death penalty should Hemminger be convicted because Goebel's family does not favor the punishment.

Related Topics: CRIME
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