The man accused of the murder of 5-year-old Alayna Jeanne Ertl on Wednesday asked a judge to dismiss the charge.
Zachary Todd Anderson, 26, Coon Rapids, appeared in Cass County District Court in Walker with his public defender for a contested omnibus hearing in front of Judge Jana M. Austad. A contested omnibus hearing is a pretrial hearing dealing with admissibility of evidence where the judge decides whether the case proceeds to trial, as stated under the Minnesota Court Rules.
Anderson's public defender, Scott Collins of Thief River Falls, filed a motion March 24 asking the judge to dismiss murder charges against Anderson, suppress evidence gathered during the investigation or move his trial to another county.
In October, Anderson was indicted by a Cass County District Court grand jury and arraigned on 19 criminal charges, including eight counts of first-degree murder, one count of second-degree intentional murder, four counts of kidnapping, two counts of first-degree criminal sexual conduct, one count of second-degree criminal sexual conduct, one count of theft of a vehicle and two counts of interference with a dead body.
Collins asked the judge to dismiss the indictment against Anderson on the grounds that there is insufficient probable cause to indict Anderson, alleging that his constitutional rights were violated by authorities after he was arrested. In the court document, Collins argued that Anderson did not wish to provide a statement to investigators and he had not waived his rights to remain silent.
Cass County Attorney Christopher Strandlie, who is prosecuting the case, stated motions were heard at the hearing and briefs are due by May 10. He stated the judge will then issue an order sometime after that.
The defense also asked the judge in its motion to move the case out of Walker, stating Anderson would not receive a fair and impartial Cass County jury to hear the case against him.
http://www.brainerddispatch.com/news/4250053-motions-heard-case-murdered-5-year-old-alayna-ertl
