Just posting this as a general reminder about the Franks - see bolded from Judge Gulls ruling.
I make the same comment about the phone. As I understand the Murdersheet and other coverage, at no point did the state's witness say the phone was back turned on. Rather defence counsel asserted it. This is generally the problem with trying to litigate the case based on pleadings rather than trial evidence.
At trial, I suspect the phone's status is not going to be established via cell tower evidence, but from it's onboard logs. I am not sure how it is possible to reach a conclusion on these things before trial. Maybe there will be a hearing on digital pre trial.
MOO
In Gull’s ruling regarding the Franks Hearing, she said “The Court finds the Affidavit submitted in support of the issuance of the search warrant contained information that a reasonable belief existed that evidence of the murders would be found in the defendant’s home and vehicles. The Court does not find that the Affidavit submitted false statements or that the Affiant omitted statements with reckless disregard, nor does the Court find that the Affiant intended to mislead the Judge by failing to present information. As the Court has found the Affidavit for issuance of the search warrant was valid, the search itself was reasonable and legal under Indiana law and Fourth Amendment case law.”
I make the same comment about the phone. As I understand the Murdersheet and other coverage, at no point did the state's witness say the phone was back turned on. Rather defence counsel asserted it. This is generally the problem with trying to litigate the case based on pleadings rather than trial evidence.
At trial, I suspect the phone's status is not going to be established via cell tower evidence, but from it's onboard logs. I am not sure how it is possible to reach a conclusion on these things before trial. Maybe there will be a hearing on digital pre trial.
MOO
Judge in Delphi murders case hands down multiple rulings
The special judge in the Delphi double murders case handed down several rulings Monday. Judge Francis Gull denied Richard Allen's motions.
www.wishtv.com