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Attorneys for Dr. Cyril H. Wecht on Monday called for charges against the former coroner to be dismissed, accusing prosecutors and the FBI of a cover-up "in a win-at-all-costs attitude.
Defense attorney Jerry McDevitt, in a 23-page court document, accused Assistant U.S. Attorney Stephen Stallings and the lead investigator, Special Agent Bradley Orsini, of crafting a false affidavit in 2005 that led to much of the evidence in the case and then concealing the truth through the federal trial, which ended this month in a mistrial.
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MOTION TO SUPPRESS; TRAFFIC STOP; CRIM.R. 41(C)/SUFFICIENCY OF PROBABLE CAUSE/AFFIDAVIT; SEARCH WARRANT; CONFIDENTIAL RELIABLE INFORMANT
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Search warrant; probable cause; affidavit; overbroad; trash pull
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MOUNT VERNON, Ind. - Officials investigating the death of 4- month-old Bryson James Clardy said the injuries were "indicative of a violent automobile crash." They described possible "twisting," "violent acceleration" and "falling," according to
the probable cause affidavit filed in the case against the child's father, Timothy Alexander Lear.
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CRIMINAL - Trial court's decision finding probable cause in the affidavit to support the search warrant was not error.
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A White Salmon man has received 30 hours of community service and a suspended 335-day sentence for a contracting scheme.
Brian Hefling, 55, pleaded guilty June 3 before District Court Commissioner Jeff Witteman to unregistered contracting, a gross misdemeanor. He reportedly took more than $17,000 from a Vancouver couple for work he never completed, according to a probable cause affidavit filed with the court.
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It doesn't matter that these victims are prostitutes and have criminal histories," he said. "Their statements will be impeached, and that has to be taken into consideration, but the officer's past will be examined as well, and it doesn't sound like a stellar one.
"Officer [Genome Steven Wright] told [[Lauren Kalb]] that if she did not perform oral sex on him that he would arrest her. When she still hesitated, he removed his service weapon and pointed it at her head and said that he would kill her if she did not do it. [Kalb] then performed oral sex on Officer Wright," reads one section of a probable cause affidavit filed against Wright by Fort Lauderdale police with the Browaid State Attorney's Office on Aug. 15, 2008.
In a separate incident, the affidavit states, "Between those dates...
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search warrant affidavit probable cause Crim.R. 41 confidential informant reliability
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Trial court did not err in denying defendant-appellant's motion to suppress when the incorrect information in the affidavit was irrelevant to a probable cause determination, and there was still sufficient information contained in the affidavit that established probable cause. Evidence of defendant-appellants refusal to consent to a search did not amount to reversible error. Trial court did not err in sentencing defendant-appellant on each of the four counts since crack cocaine and powdered cocaine are separate offenses, and each count of the possessions of crack cocaine and powdered cocaine were committed separately or with separate animus. Trial court did not inappropriately use defendant-appellants post-trial silence against him when applying the sentencing guidelines. The sente...
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The Evansville man suspected of killing two children in a fire early Saturday could face the death penalty if convicted.
Jeffrey Weisheit will appear in a Vanderburgh County court this morning to face formal charges in the fire that killed 8-year-old Alyssa Lynch and her brother, Caleb, 5. A probable cause affidavit indicates at least one the children may have been bound.