A defense attorney said he's still awaiting additional evidence in the case of the Chisholm man accused of raping and killing Nancy Dougherty in 1986.

Michael Allan Carbo Jr., 52, appeared briefly Thursday before 6th Judicial District Judge Mark Starr. Public defender J.D. Schmid told the court that he's still receiving law enforcement reports and was not prepared to move the case forward.

Schmid requested a contested hearing be scheduled for early January; an exact date was not immediately set. Schmid did not specify any issues he anticipates raising, but defendants often challenge the sufficiency of probable cause or allege constitutional violations in the gathering of evidence and statements.

Carbo was arrested in July after a renewed investigation allegedly led to his identification as the man who raped and killed Daugherty inside her Chisholm home July 16, 1986. He is charged with intentional second-degree murder.

Nancy Daugherty
Nancy Daugherty

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Daugherty, a 38-year-old mother of two who worked as a nursing home aide and bartender, was preparing to move to the Twin Cities to further her education as an emergency medical technician on the day her body was discovered. She had been out drinking the night before, and her body was found when a friend showed up that morning.

Police recovered the suspect's DNA from both a sexual assault kit and the victim's fingernail clippings, but authorities were never able to find a match, despite samples being taken from "well over" 100 potential suspects over the years, according to a criminal complaint.

The break came this year when Chisholm police consulted with the Minnesota Bureau of Criminal Apprehension and sent the suspect's DNA sample to Parabon NanoLabs, a company that analyzes public genealogy databases and helps law enforcement programs identify case leads.

Parabon was able to construct a genetic lineage for the suspect, determining that Carbo was associated with the lineage and resided in the area, according to the complaint. Authorities surreptitiously obtained a sample of his DNA from discarded garbage, before taking a direct sample with his consent, both resulting in positive matches.

Authorities said Carbo lived within a mile of Daugherty's residence and had attended school with her children.

Carbo remains at the St. Louis County Jail on $1 million bail.