A judge says a Los Angeles police officer acted lawfully by posing as a busboy to collect DNA samples that led to the arrest of the alleged "Grim Sleeper" serial killer.
The Los Angeles Times says the judge rejected defense efforts to throw out the evidence Tuesday. Defense lawyers argued it was illegally obtained because Lonnie Franklin Jr.'s plates were cleared before he'd finished eating pizza and cake at the restaurant.
Taking the witness stand for the first time, Franklin testified he thought they would go into the trash with other plates.
The judge called the defense arguments ridiculous.
Franklin was arrested days after the samples were collected in 2010. Prosecutors allege he shot or strangled 10 women and tried to kill another between 1985 and 2007.
He's pleaded not guilty.