According to the law office website cited below:
“Possible Grounds for A Franks Hearing
A trial court is obligated to conduct a Franks hearing only if the defendant makes a preliminary showing that:
1) The affiant knowingly and intentionally, or with reckless disregard for the truth, included a false statement in the warrant affidavit; and,
2) that the allegedly false statement was necessary to a finding of probable cause.”
Anyone please correct me if I remember anything wrong or left anything out.
The grounds for the search warrant were:
-RA saying he was at the bridge during a specific timeline.
-RA’s car being in the parking lot within a certain timeline per eyewitnesses.
-Eyewitnesses seeing him on the bridge at a certain time.
-An unspent bullet casing found a handful of days later in the dirt.
(the video-without the timeline and BG proven as RA, this is secondary IMO; the Down the Hill video occurred around 2:13pm; BB would have seen the car approximately 2:15pm)
The FM argues (p. 23-25, p. 105-118):
-
RA said he was gone by 1-1:30PM in his initial interview, and Liggett misstated him/or intentionally misstated him.
-Liggett lied about the eyewitness BB’s description of the car-
BB did not say the car looked like RA’s car.
-Liggett lied about what the eyewitness on the bridge, BB, said she saw. Who looked nothing like RA, but younger and a different height/appearance.
-Liggett lied about the eyewitness who allegedly saw a man in a bloody blue jacket, SC.
SC said she said she told him she saw a man in a tan and muddy jacket.
-There was no chain of custody for the unspent bullet which was found a month or 2? later.
-exculpatory evidence was withheld from the D until August 2023.
Sources:
(p. 23-25, p. 105-118)
DELPHI: Memorandum in Support of Motion.pdf
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A law firm dedicated to criminal defense including Frank's Hearings in Southwest Michigan. Offices located in Kalamazoo & Berrien County.
www.hillslawoffice.com