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Defense moves to suppress evidence in Gonzalez case; DNA funds approved
The defense lawyer in the Ernesto L. Gonzalez case wants to suppress evidence taken during the four searches of his Brightwood Terrace apartment, saying the "warrants failed to establish probable cause and were illegal."
Defense lawyer Lawrence J. McGuire filed a motion out of court on Tuesday to suppress evidence seized when police executed the four searches at Gonzalez' apartment, two on Aug. 18, 2008, another Nov. 28, 2008 and one more on July 1, 2009
He contends the searches of the apartment violated his "client's rights and the warrants failed to establish probable cause to search the apartment and seize his property."
Although the affidavits filed in Lynn District Court have all been impounded, authorities seized evidence, including DNA and computer equipment during their searches on Nov. 28, 2009 and July 1, 2009.
On Thursday in Salem Superior Court, Judge Jack T. Lu set down Sept. 25 to schedule a hearing on the preliminary suppression motions.
The commonwealth has sent DNA specimen samples taken during their investigation from the Brightwood Terrace apartment to CellMark Diagnostics, a private forensic DNA testing laboratory in Dallas, Texas, that is the most experienced private firm in the country.
McGuire was allowed funds so he can have his own expert present during the DNA tests at CellMark, which will destroy some of the evidence during their tests, but the tests are expected to hold up the trial.
http://www.itemlive.com/articles/2009/09/04/news/news05.txt
The defense lawyer in the Ernesto L. Gonzalez case wants to suppress evidence taken during the four searches of his Brightwood Terrace apartment, saying the "warrants failed to establish probable cause and were illegal."
Defense lawyer Lawrence J. McGuire filed a motion out of court on Tuesday to suppress evidence seized when police executed the four searches at Gonzalez' apartment, two on Aug. 18, 2008, another Nov. 28, 2008 and one more on July 1, 2009
He contends the searches of the apartment violated his "client's rights and the warrants failed to establish probable cause to search the apartment and seize his property."
Although the affidavits filed in Lynn District Court have all been impounded, authorities seized evidence, including DNA and computer equipment during their searches on Nov. 28, 2009 and July 1, 2009.
On Thursday in Salem Superior Court, Judge Jack T. Lu set down Sept. 25 to schedule a hearing on the preliminary suppression motions.
The commonwealth has sent DNA specimen samples taken during their investigation from the Brightwood Terrace apartment to CellMark Diagnostics, a private forensic DNA testing laboratory in Dallas, Texas, that is the most experienced private firm in the country.
McGuire was allowed funds so he can have his own expert present during the DNA tests at CellMark, which will destroy some of the evidence during their tests, but the tests are expected to hold up the trial.
http://www.itemlive.com/articles/2009/09/04/news/news05.txt