BOZEMAN — A judge has granted a defense motion restricting how prosecutors can present DNA evidence in the case against Austin Clowes, who is charged with killing 79-year-old Steven Kilwein in 2021.
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District Judge John C. Brown granted several defense motions in an order filed in the case against Clowes.
Kilwein was found dead inside his Bozeman home in June 2021. An autopsy determined he died from multiple chop-type injuries.
According to court documents, investigators found a cellphone in Kilwein's front yard that was later identified as belonging to Clowes. The investigation continued for several years before Clowes was arrested in July 2025 and charged with Kilwein's death. He pleaded not guilty.
DNA evidence also became part of the investigation. Prosecutors say forensic testing found DNA profiles associated with Clowes on evidence collected from Kilwein's body and clothing.
However, under the judge's latest ruling, prosecutors cannot characterize certain DNA results as a "match" or identification linking Clowes to Kilwein. The state also cannot tell jurors that Clowes' DNA was found on the specified evidence or that DNA testing connected him to the victim.
The ruling does not exclude all DNA evidence from trial. Instead, it places restrictions on how certain findings and statistical comparisons can be presented to a jury.
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The judge also authorized independent DNA testing by the defense and ordered prosecutors to produce the analysts who personally performed or reviewed the testing so they can testify at trial.
In a separate ruling, Brown also allowed prosecutors to introduce Google and cellphone location data, including GPS and cell tower records. However, the judge limited how precisely that information can be used to place a person or device inside Kilwein's home or at a specific location on his property.
MTN reached out to the Montana Attorney General's Office, which is prosecuting the case. In an email, the office said:
"We are reviewing the court's decision to determine next steps."
Clowes' 15-day jury trial is scheduled to begin Nov. 30 in Gallatin County District Court.
