Even though police say Craig Ingersolls DNA links him to the body of a Utica woman who was killed more than five years ago, that doesnt necessarily mean he sexually assaulted and strangled her, his defense attorney said Wednesday.

As Ingersoll, 30, of Herkimer Road, spends the next month considering whether he will plead guilty in connection to the 2007 death of 29-year-old Jennifer Bennett, Assistant Public Defender Luke Nebush said the circumstances surrounding Ingersolls DNA will be open to discussion.

Where the DNA was found is also a critical issue in this case, Nebush said, without clarifying exactly where Ingersolls genetic material was located on either Bennetts body or clothing, or anywhere else.

Nebush also would not comment when asked whether the circumstances of Bennetts death leave any room to be interpreted as an innocent accident.

Ingersoll pleaded not guilty Wednesday morning in Oneida County Court after he was indicted last week on charges of second-degree murder and first-degree criminal sexual act.

He is due back in front of Judge Barry M. Donalty on Tuesday, June 26, to either accept or reject the prosecutions plea offer.

In the meantime, Nebush said he expects to further review additional evidence provided by Assistant District Attorney Laurie Lisi and to look further into Ingersolls psychiatric background.

Thats something were going to explore, to determine whether any psychiatric issues actually exist, Nebush said.

Ingersoll is accused of killing Bennett sometime between Jan. 7 and 9 in 2007 while using forcible compulsion during a sexual assault on the woman.

After Oneida County sheriffs investigators spent years trying to identify unknown Bennetts killer, Ingersoll unexpectedly became the prime suspect several months ago after a statewide DNA database for previously convicted criminals matched Ingersolls DNA with DNA that was found with Bennetts body behind a Deerfield Fire Department pavilion on Jan. 11, 2007.

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Defense to explore DNA, mental health in Utica woman’s death