The choose presiding over the homicide trial for Kaitlin Armstrong, accused in connection to the taking pictures demise of bike owner Moriah Wilson, has dismissed two motions filed by Armstrong’s protection workforce to suppress proof.
“There was no proof of any intentional disregard for the reality,” Choose Brenda Kennedy said in a court docket listening to on Wednesday concerning Armstrong’s protection workforce’s submitting of a Frank’s Listening to and Movement to Suppress Proof to problem the reality of the knowledge which detectives used to help the search and arrest warrants throughout their preliminary investigation.
Armstrong’s homicide trial was anticipated to start in October however was delayed pending Choose Brenda Kennedy’s resolution on the 2 motions. The jury trial is now scheduled to start on June 26, 2023.
Armstrong has been formally charged with first-degree homicide in connection to Wilson’s demise in an East Austin, Texas, house on Might 11. She is at the moment held on the Travis County Jail in Austin, with a bond set at $3.5 million. She pleaded not responsible to the fees.
In a pre-trial listening to on October 19 at a Travis County court docket, Armstrong’s protection workforce requested that Choose Brenda Kennedy throw out among the proof obtained by authorities throughout their investigation of the case.
Armstrong’s protection workforce filed a Frank’s Listening to and Movement to Suppress Proof that challenged the knowledge which detectives used of their affidavit to help the search and arrest warrants.
Prosecutors acknowledged errors within the unique affidavit however urged that these errors weren’t a reckless disregard for the reality.
Choose Brenda Kennedy said in court docket on Wednesday “there was no proof of any intentional disregard for the reality,” in keeping with a report in KXAN (opens in new tab), an Austin-based information outlet.
As well as, the protection workforce argued the legality of authorities’ questioning of Armstrong on Might 12, in a video interview, when she was introduced in with an excellent class B warrant for her arrest that involved an unrelated incident. At the moment, she was briefly detained and questioned by authorities concerning the demise of Wilson, however the protection workforce argued that she was not learn her full Miranda rights.
State attorneys have mentioned that the detective who questioned Armstrong instructed her that she was free to go away 5 instances.
Choose Brenda Kennedy mentioned that the protection workforce didn’t persuade the court docket that detectives acted unconstitutionally and the court docket wouldn’t suppress the video proof of the interview within the upcoming trial set to start on June 26, 2023.
Cyclingnews has pieced collectively a timeline of how authorities imagine this crime allegedly unfolded, primarily based on authorized paperwork. Cyclingnews will present further updates as extra info from authorities turns into obtainable.
