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PROVIDENCE, R.I. (AP) — A Rhode Island judge says DNA evidence obtained by pepper-spraying an inmate, strapping him to a chair and swabbing the inside of his cheek should not be allowed at his upcoming murder trial.

Judge Robert Krause ruled this month that corrections officers used “unreasonable force and violence” against inmate Malcolm Querido last year at a prison intake center in Cranston.

The Providence Journal reports that Querido can been seen on video yelling, “This is wrong.”

A corrections department spokeswoman says the state believes the swab was constitutionally allowed.

Krause said investigators could have relied on court orders to force Querido to get swabbed at a medical facility.

Querido is accused of stabbing a man to death in Providence in 2014. His trial is on hold as prosecutors appeal Krause’s ruling.

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Information from: The Providence Journal, http://www.providencejournal.com