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MAYS LANDING, N.J. (AP) — A judge said Friday he will rule next week on prosecutors’ request to order a DNA sample from the former husband of a popular radio host who was shot to death five years ago.

April Kauffman was killed in her Linwood home in May 2012. James Kauffman has denied any involvement in her death.

State Superior Court Judge Bernard DeLury said he will make his decision Tuesday but that it will be sealed and not available to the public.

April Kauffman was a local businesswoman who hosted weekly talk shows and advocated for military veterans. She had received a governor’s award for outstanding community service a few days before her death.

Atlantic County Prosecutor Damon Tyner told The Press of Atlantic City ( this month that James Kauffman is not a suspect.

James Kauffman didn’t attend Friday’s hearing. His attorney, Edwin Jacobs, objected to the request for a DNA sample, saying there was not enough probable cause to justify the issuing of a warrant to collect the sample.

“If he is not a suspect, then how do you get probable cause?” he asked.

Attorney Seth Levy, representing the state, said the sample is being requested as part of the investigation and that probable cause shouldn’t be an issue.

April Kauffman’s daughter has alleged James Kauffman, her stepfather, killed her mother. James Kauffman has denied that.