Post by aleamon98 on Jul 16, 2009 1:52:07 GMT -5
Defense argues Sam Parker’s residence “searched” illegally
Jul 15, 2009 | 191 views | 0 0 comments | 1 1 recommendations | email to a friend | print
Sam Parker’s public defender argued Wednesday that testimony from two Walker County deputies should not be allowed in Parker’s murder trial because they "searched" his residence - and did so without a warrant.
The argument was part to the pretrial motion hearings going on this week. They began Monday in Walker County Superior Court in downtown LaFayette, with Judge Jon “Bo” Wood presiding. Prosecutors and defense attorneys are arguing over what evidence should be allowed in the trial.
Parker was charged in February 2008 with murdering his wife Theresa, a dispatcher with Walker County 911 who has been missing since the night of March 21, 2007. Her body has not been found. Sam Parker was a sergeant with the LaFayette Police Department when she disappeared.
A jury will be selected from Bartow County. Jury selection will begin Aug. 10 and the trial will begin Aug. 17.
Parker has been attending the hearings. On Wednesday, he was clean-shaven, wearing a white-long sleeve shirt, black slacks and a tie.
Details of “search”
First on the stand Wednesday afternoon was Rhonda Knox, who worked at Walker County 911 dispatch and was friends with Theresa, her supervisor.
Knox recalled various conversations with Theresa about Sam and Theresa’s rocky relationship, Sam’s supposed aggressive behavior, and a pending divorce.
According to Knox’s testimony, she received a call on her cell phone around 6 a.m. on March 22, 2007, from Theresa’s cell phone.
Knox said she answered her phone but got a “hang up” from Theresa’s phone. Knox said she returned Theresa’s call, but did not get an answer and never heard from her again.
Knox said she contacted Shane Green, at that time a Walker County deputy, and asked him to go to the Parker residence at 95 Cordell Ave. to check on Theresa.
“I just wanted her to be okay. I had a bad feeling,” Knox said.
Green was then called to the stand. He said he worked the night shift, from 7 p.m. to 7 a.m. on March 22, 2007.
Green said he received a call near the end of his shift from Knox on her cell phone, while Knox was at 911 dis-patch. Knox told him she had received a “strange” phone call from Theresa’s cell phone and asked him to go by the Parker residence to conduct a “welfare” check on her.
Green said he kept Knox on her phone as he tried to locate the Parker house. He said he drove along Cordell Avenue for a few minutes to locate the residence and contacted Walker County deputy Corey Griffin to meet him there.
The two deputies met and went to the wrong residence across the street from the Parker residence and were greeted by one of the Parker’s neighbors. The neighbor told them “Sam Parker, the law enforcement officer” lived across the street. The two deputies left the residence and pulled into the driveway of the Parker residence.
As Griffin knocked loudly on the door for a few moments to no avail, Green kept guard of Griffin’s back, which is customary in law enforcement.
Green said he shined his flashlight around the residence and went around the right side of the house, from the far corner, and met Griffin at the garage. Green said he lightly pressed his hand against the garage door and it opened about a centimeter. He shined his flashlight inside and did not see Theresa’s Toyota Forerunner, he said.
The two deputies left after about a 10-minute investigation of the house, Green said.
Griffin, next on the stand, gave a similar account.
Both men said no incident report was filed and neither contacted Knox to tell her the result of their check on Theresa.
Was it a “search?”
Public defender David Dunn requested the two officer’s testimonies be suppressed because he said they con-ducted their “search” without a warrant. Dunn wants to suppress their observations of looking into the garage.
Dunn called it an illegal search, saying it breaches Parker’s Fourth Amendment right to reasonable searches and seizures.
Dunn said the two did not have a warrant to look into the garage. He cited cases where officers have been charged for performing unwarranted searches, including a case in which an officer looked into a man’s vehicle and saw marijuana, without having warrant to look into the vehicle.
“It is clear that this information needs to be suppressed,” Dunn said.
He compared it an invasion of privacy.
The prosecution argued that the two deputies were performing a “welfare” check; that Knox knew Theresa’s problems with Sam Parker and that Knox’s attempts to reach her did not work; that Theresa expressed fear earlier to Knox that evening and Knox asked someone whom the two women knew mutually to check on her.
“This is a time of day most people are home,” assistant district attorney Natalee Staats said. “Someone might be in danger in a welfare check — you have more leeway.”
Staats said Dunn was making this into a “search,” when it was a “welfare” check, and the two are different.
Staats said the two officers needed flashlights since it was still dark.
Dunn returned to the floor, arguing that use of the flashlight was significant, that it was not a “welfare” check, and that the two deputies should have left after knocking on the door.
www.catwalkchatt.com/pages/full_story/push?article-Defense+argues+Sam+Parker%E2%80%99s+residence+%E2%80%9Csearched%E2%80%9D+illegally%20&id=2962577-Defense+argues+Sam+Parker%E2%80%99s+residence+%E2%80%9Csearched%E2%80%9D+illegally&instance=home_news_1st_left
Jul 15, 2009 | 191 views | 0 0 comments | 1 1 recommendations | email to a friend | print
Sam Parker’s public defender argued Wednesday that testimony from two Walker County deputies should not be allowed in Parker’s murder trial because they "searched" his residence - and did so without a warrant.
The argument was part to the pretrial motion hearings going on this week. They began Monday in Walker County Superior Court in downtown LaFayette, with Judge Jon “Bo” Wood presiding. Prosecutors and defense attorneys are arguing over what evidence should be allowed in the trial.
Parker was charged in February 2008 with murdering his wife Theresa, a dispatcher with Walker County 911 who has been missing since the night of March 21, 2007. Her body has not been found. Sam Parker was a sergeant with the LaFayette Police Department when she disappeared.
A jury will be selected from Bartow County. Jury selection will begin Aug. 10 and the trial will begin Aug. 17.
Parker has been attending the hearings. On Wednesday, he was clean-shaven, wearing a white-long sleeve shirt, black slacks and a tie.
Details of “search”
First on the stand Wednesday afternoon was Rhonda Knox, who worked at Walker County 911 dispatch and was friends with Theresa, her supervisor.
Knox recalled various conversations with Theresa about Sam and Theresa’s rocky relationship, Sam’s supposed aggressive behavior, and a pending divorce.
According to Knox’s testimony, she received a call on her cell phone around 6 a.m. on March 22, 2007, from Theresa’s cell phone.
Knox said she answered her phone but got a “hang up” from Theresa’s phone. Knox said she returned Theresa’s call, but did not get an answer and never heard from her again.
Knox said she contacted Shane Green, at that time a Walker County deputy, and asked him to go to the Parker residence at 95 Cordell Ave. to check on Theresa.
“I just wanted her to be okay. I had a bad feeling,” Knox said.
Green was then called to the stand. He said he worked the night shift, from 7 p.m. to 7 a.m. on March 22, 2007.
Green said he received a call near the end of his shift from Knox on her cell phone, while Knox was at 911 dis-patch. Knox told him she had received a “strange” phone call from Theresa’s cell phone and asked him to go by the Parker residence to conduct a “welfare” check on her.
Green said he kept Knox on her phone as he tried to locate the Parker house. He said he drove along Cordell Avenue for a few minutes to locate the residence and contacted Walker County deputy Corey Griffin to meet him there.
The two deputies met and went to the wrong residence across the street from the Parker residence and were greeted by one of the Parker’s neighbors. The neighbor told them “Sam Parker, the law enforcement officer” lived across the street. The two deputies left the residence and pulled into the driveway of the Parker residence.
As Griffin knocked loudly on the door for a few moments to no avail, Green kept guard of Griffin’s back, which is customary in law enforcement.
Green said he shined his flashlight around the residence and went around the right side of the house, from the far corner, and met Griffin at the garage. Green said he lightly pressed his hand against the garage door and it opened about a centimeter. He shined his flashlight inside and did not see Theresa’s Toyota Forerunner, he said.
The two deputies left after about a 10-minute investigation of the house, Green said.
Griffin, next on the stand, gave a similar account.
Both men said no incident report was filed and neither contacted Knox to tell her the result of their check on Theresa.
Was it a “search?”
Public defender David Dunn requested the two officer’s testimonies be suppressed because he said they con-ducted their “search” without a warrant. Dunn wants to suppress their observations of looking into the garage.
Dunn called it an illegal search, saying it breaches Parker’s Fourth Amendment right to reasonable searches and seizures.
Dunn said the two did not have a warrant to look into the garage. He cited cases where officers have been charged for performing unwarranted searches, including a case in which an officer looked into a man’s vehicle and saw marijuana, without having warrant to look into the vehicle.
“It is clear that this information needs to be suppressed,” Dunn said.
He compared it an invasion of privacy.
The prosecution argued that the two deputies were performing a “welfare” check; that Knox knew Theresa’s problems with Sam Parker and that Knox’s attempts to reach her did not work; that Theresa expressed fear earlier to Knox that evening and Knox asked someone whom the two women knew mutually to check on her.
“This is a time of day most people are home,” assistant district attorney Natalee Staats said. “Someone might be in danger in a welfare check — you have more leeway.”
Staats said Dunn was making this into a “search,” when it was a “welfare” check, and the two are different.
Staats said the two officers needed flashlights since it was still dark.
Dunn returned to the floor, arguing that use of the flashlight was significant, that it was not a “welfare” check, and that the two deputies should have left after knocking on the door.
www.catwalkchatt.com/pages/full_story/push?article-Defense+argues+Sam+Parker%E2%80%99s+residence+%E2%80%9Csearched%E2%80%9D+illegally%20&id=2962577-Defense+argues+Sam+Parker%E2%80%99s+residence+%E2%80%9Csearched%E2%80%9D+illegally&instance=home_news_1st_left