BOULDER Colo -- John Mark Karr wait...

BOULDER Colo -- John Mark Karr waited in a private jail enclosed space Friday for a court appearance nearest week in the killing of JonBenet Ramsey, while a public protector sought to protect DNA samples taken from his client and a sample of his handwriting.

A referee scheduled Karr's first appearance in Boulder shire Court for Monday afternoon, a proceeding awaited to last just moments.

delegate Public Defender Seth Temin filed a excite of motions asking the arbiter to prohibit prosecutors and police from conducting any DNA testing without first notifying the court and the defense

Karr, 41 was given a mouth-swab DNA criterion while he was in custody in Thailand, a law enforcement official who spoke in succession condition of anonymity has said. The follows of that test were not known.

Temin said if a DNA sample has been obtained from Karr "it was not obtained pursuant to applicable law, the constitutions or from valid consent." He suggested Karr would not provide more samples without a court order.

District attorney's spokeswoman Carolyn French did not go [i]or[/i] come back a call.

novel ALIBI

DNA is imagination to be key in solving the 10-year-old slaying of JonBenet Ramsey. Police heap uped DNA from her underwear and fingernails.

Meanwhile, a brother, Nate Karr, forward Friday issued the strongest alibi statement to date, saying he was certain the suspect exhausted Christmas 1996 with his family.

"I can say almost without question that from the time that John had children he has none missed a Christmas with his family, and that's any Christmas," Nate Karr told ABC's "Good Morning America."

Formal charges are pending against Karr.

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