DE PERE (NBC 26) — The state court of appeals upheld a conviction for Miles Cruz, the man convicted of attacking a woman on the East River Trail in De Pere in 2021.
Cruz appealed a judgement convicting him of the crimes and moved to suppress DNA samples collected during the investigation, arguing "his Fourth Amendment rights were violated when the police collected DNA evidence from him through fingernail scrapings and buccal swabs without obtaining a search warrant," according to court records.
The court decided Cruz did consent to the searches and Cruz's motion to suppress was denied. Therefore, his conviction was upheld.
Cruz was convicted of attacking and sexually assaulting a woman in October of 2021 on the East River Trail in De Pere while she was walking with her baby.
Judge Tammy Jo Hock sentenced Cruz to 42 and a half years behind bars, and another 22 and a half years of extended supervision in 2023.
The criminal complaint states Cruz was connected to the crime through DNA evidence. The complaint also states Cruz denied ever touching or assaulting anyone.
