Centre County Judge David Grine has denied a defense motion to suppress evidence in the murder trial of an Ohio truck driver.

Grine ruled last Friday that blood, hair and DNA evidence can be used in the trial of James R. Cruz Jr. of New Waterford, Ohio. Cruz's lawyer, Centre County First Assistant Public Defender Deborah Lux, moved to suppress the evidence because she said there was not probable cause for a search warrant.

Lux could not be reached for comment yesterday.

Cruz is accused of kidnapping, raping and killing Dawn Marie Birnbaum, a 17-year-old runaway from Maine. Her body was found last March in a snowbank near state Route 26 in Spring Township.

In a 25-page opinion, Grine denied all but one of the defense's requests. He ruled not to move the trial to another county and not to bring jurors from outside the county.

In order to prevent the jurors from witnessing trial publicity, Grine granted the defense's request to sequester the jury during the trial. Jury selection is scheduled to begin March 14 and the trial will start March 21.

The defense requested that statements Cruz made in Ohio before his arrest be suppressed because he was not read his Miranda rights. The defense argued that Cruz did not waive his right to remain silent or to have an attorney present during questioning. Grine ruled against the request because Cruz was free to leave during the questioning. Cruz did not request to have a lawyer present during questioning, according to court files.

Cruz is being held without bail at the Centre County Prison on charges of first-, second- and third-degree murder, rape, kidnapping, involuntary deviate sexual intercourse, robbery and theft.

Centre County District Attorney Ray Gricar, who is prosecuting the case, would not comment on the case or the judge's decision on the pretrial motions. He said he would not comment because the trial is soon approaching and he did not want to generate any more publicity in the case.

In a previous interview, Gricar said he is seeking the death penalty because a felony was committed along with the murder.