ROCHESTER, N.Y. – Julio Pimentel Soriano, one of the two brothers accused of killing an Irondequoit family of four, was in court on Monday morning because the District Attorney’s office wanted another sample of his DNA.

The defense lawyer, Joe Damelio, objected, saying the DA’s office already has a sample of Soriano’s DNA and taking a second one would violate his constitutional protections. However, the judge allowed it.

Berkeley Brean, News10NBC: “So what happened behind closed doors after the proceeding was done?”

Joe Damelio, defense lawyer: “Very simple. The district attorney made a motion for a DNA sample. The judge granted that motion. They take a little Q-tip swap, put it in his mouth and then they send the swab off to the lab.”

Berkeley Brean: “And you objected to that because why?”

Joe Damelio: “Our position was they already have his DNA. They already captured it at one point. We thought it was redundant. We just said a 4th amendment intrusion. Unnecessary.”

Soriano is one of two brothers accused of killing an entire family in their home in Irondequoit on the last day of August. Police say Luis Soriano is still on the run, hiding somewhere in Puerto Rico or the Dominican Republic.

Berkeley Brean: “Do you have any idea where his brother is right now?”

Joe Damelio: “Do I? No, I have no idea where his brother is. I just got in on this case so I don’t even have discovery yet.”

First Assistant District Attorney Perry Duckles left the court building without stopping to talk to reporters. On Oct. 10, he said, “I know authorities, law enforcement partners we have are currently searching for him. In fact, I’m hoping to get an update on his potential whereabouts later today.”

Despite the fact that only Julio Soriano has been caught, both brothers have been indicted on four counts of murder. Julio Soriano is back in court two days before Christmas.

Julio Cesar Pimentel Soriano and his brother, Louis Francisco Soriano are accused of murdering the family on Knapp Avenue on Aug. 31. Crews initially responded to their home for a fire and found Fraime Ubaldo, 30; Marangely Moreno-Santiago, 26; and their children Evangeline Ubaldo-Moreno, 4, and Sebastian Ubaldo-Moreno, 2, slain in the basement.

Irondequoit Police Chief Scott Peters said the scene was horrific, and one of the worst he’s seen in nearly 32 years.

Watch the full press conference from September 2:

Weeks later, the brothers were indicted by a Monroe County grand jury and face first-degree murder, burglary, kidnapping, and arson charges.

Police say Julio, 34, originally from the Dominican Republic, traveled to Puerto Rico illegally and then used fraudulent identification to get into the United States. Julio was arrested on Sept. 7 and pleaded not guilty in court on Oct. 10. Investigators allege that Soriano stabbed each of the victims multiple times in the neck and chest, killing them.

Louis fled to Puerto Rico and is still at large. The U.S. Marshals Service of Puerto Rico says Luis is on its list of 10 most wanted fugitives. U.S. Marshals ask anyone with information to call their office at (787)-766-6297. You can also submit a tip online.

RELATED:

• Suspect in Irondequoit quadruple murder pleads not guilty in court Thursday (Oct. 10)
• Suspect in Irondequoit quadruple murder is on top 10 most wanted fugitive list in Puerto Rico (Sept. 24)
• Man charged with murdering parents, two children in Irondequoit; police looking for at least one more suspect (Sept. 13)
• Funeral held for Irondequoit family found dead in home, community and family in mourning (Sept. 8)
• ‘I still cannot believe it’; Loved ones remember four people killed in Irondequoit at vigil (Sept. 6)
• ‘I’ve lost sleep over this’; Neighbors speak after family of four killed in Irondequoit (Sept. 3)
• ‘This was a horrific scene’: Parents and two children found slain in basement after house fire (Sept. 2)