DINWIDDIE, Va. – A judge denied a defense request on Wednesday to hold the body of Irvo Otieno, saying that a corpse “is not a T-shirt” or something else that can be easily stored. 

The request came Wednesday morning during a bond hearing for Kaiyell Dajour Sanders, 30, who was in charge of the detail that transported Otieno to Central State Hospital on March 6.

Co-counsel Torrey Williams asked for a motion to “preserve the evidence” in the commonwealth’s case, which essentially was Otieno’s body. Otieno’s remains are currently at the state medical examiner’s office in Richmond, Virginia, and the medical examiner has said it could be 10 to 12 weeks before a final report is issued. 

Williams motioned for the body to stay under the medical examiner’s custody until the defense could get their own certified medical examiner to do an indepedent autopsy.

Circuit Judge Joseph Teefey repeatedly asked Williams what evidence he had to warrant such a motion, and Williams said it was a “concern” that not all of the commonwealth’s evidence was going to be available this early in the case process. 

“When you start with ‘concern,’ you’re heading down the road to speculation,” Teefey said. “What evidence do you have?” 

“None,” Williams said.  

Teefey suggested that the defense “quickly” get someone with similar credentials as the state’s coroner to observe the autopsy process, adding that wenot going to order Otieno’s body not be released to his family for burial just because of speculation.