Appeals court orders hearing in DNA case

(Sapulpa-AP) -- An Oklahoma man will get a hearing to determine if police had probable cause to take blood, hair and saliva samples from his as part of a murder investigation. <br><br>The Oklahoma Court

Tuesday, December 5th 2000, 12:00 am

By: News On 6

(Sapulpa-AP) -- An Oklahoma man will get a hearing to determine if police had probable cause to take blood, hair and saliva samples from his as part of a murder investigation.

The Oklahoma Court of Criminal Appeals is ordering the hearing in Creek County District Court for Roy Douglas Foote the Second.

Police in Santa Fe, New Mexico, want to compare Foote's D-N-A samples to samples from remains found in a Santa Fe backyard in 1993. The remains have not been positively identified, but are believed to be those of Foote's mother, Donna Foote, who disappeared in 1976.

Foote argued that the affadavit for a search warrant falsely reported the gender of the remains, and he says that decomposition of the remains prevents testing.

The samples are now in the custody of Sapulpa police.