Defendant requests to suppress evidence in attempted murder case
BISMARCK, N.D. (KFYR) - A motion to suppress vehicle evidence in an attempted murder case was filed on Friday.
Eighteen-year-old Albert Crews is charged with three counts of attempted murder after prosecutors say he shot at another car on the corner of Burnt Boat Drive in April.
In a motion, Crews' lawyer argues the victims vehicle was never taken in as evidence by police.
“The state had a duty to preserve [the victim] vehicle, because the vehicle constituted evidence that was material, and quite possibly favorable, to Mr. Crews,” read the motion.
Bradley Rose, Crews' lawyer, also claims the detective who processed the vehicle did not have proper training.
"When questioned about his qualifications, he conceded he had ‘never had any specific vehicle processing training,’” read Rose’s motion.
Rose is requesting evidence regarding the condition of the vehicle, testimony regarding the vehicle or bullet holes and pictures be thrown out for the trial.
States attorney Julie Lawyer responded, saying the state is not required to seize and secure vehicles that were involved in criminal activity.
“The state does not have the storage capacity to do so….Law Enforcement who understood that this was the victims only vehicle, processed the vehicle, took pictures, and documented what was found within the vehicle,” read Layers response.
A motion hearing is scheduled for Oct. 10.
Crews trial was rescheduled for Dec. 8.
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