NBC12 is reporting that some of the legal experts they have spoken to have informed them that some of evidence seized may not be admissible in court. The items taken in the second search of Fawley's residences seem to be in jeopardy of being tossed, because they "were beyond the scope of the search warrant." Ron Bacigal, a University of Richmond law professor says, "I'd say the majority seem to look like they're probably covered, but certainly some of them seem to be questionable."
Bacigal told NBC12 that the search warrant executed after Ben Fawley, the chief suspect in Taylor Behl's murder, was arrested specified what the police were looking for. He says that anything not on that search warrant will not be admissible in court. The warrant, which is signed by a magistrate, authorized the investigators to seize skateboards, of which they seized five; looking for Taylor's cell phone, they seized three. Those items are covered by the warrant and can be used as evidence, if they tie into the case.
"Any defense counselor is going to fight and argue that if it's not specifically listed in the warrant then police shouldn't have seized it," says Bacigal. "So, you can usually count on that kind of a dispute at trial." He went on to say that he is not certain if the items that were not on the warrant are critical to the investigation.
Yesterday we received word that a gag order went into effect for this case at 2:30 PM EDT. The gag order was signed by the judge charged with overseeing the grand jury investigating Taylor Behl's disappearance and murder. Typically, grand jury proceedings are secret, however witnesses are not usually restricted from revealing their testimony. With the recent leaks, both sides in this case have indicated that they would seek gag orders.
Friday, Rodney Monroe, the police chief in Richmond, indicated that he would request the gag order so that the task force could focus on investigating Miss Behl's case, and not on who was leaking the details. Chris Collins, the attorney for the only suspect in this case, Ben Fawley, also indicated that he would request a gag order.
The grand jury is set to reconvene tomorrow. We learned yesterday that the witnesses that testified the last time that the grand jury convened, will return to testify again. The reason for the same witnesses to testify again would seem to stem from the story that Ben Fawley gave to the police last week. They will likely test his story against the testimony of witnesses that may have more information.
George O. Peterson, on Monday said that any attempts to extend a gag order to stop Taylor's Behl's mother from speaking to the press would be contested. Since the moment that Janet Pelasara learned that her daughter was missing, she has done a masterful job at keeping her daughter's face on the news. Ms. Pelasara has not been subpoenaed to appear before the grand jury.
WWBT NBC 12
The Wasington Post Richmond Times-Dispatch
CBS News
WRIC TV8 News
WJLA ABC-7 News
The links below are to the major network news and the stations in the area providing full coverage of Taylor's Case. These are the major source of the information provided on this site. Also included are links to the various Weblogs and other sites of interest.
The links below are to the major network news and the stations in the area providing full coverage of Taylor's Case. These are the major source of the information provided on this site. Also included are links to the various Weblogs and other sites of interest.
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WVEC 13 NEWS ABC WRC NBC4 News WWBT NBC12 News WRIC TV8 News - ABC WAVY NBC 10 News WTOP Radio Network WJLA ABC7 News WTVR CBS 6 News |
Hampton Roads Daily Press Richmond Times-Dispatch The Washington Post Glocester-Mathews Gazette-Journal |
FOX News ABC News NBC News CBS News MSNBC News |
Riehl World View - Excellent Weblog The Dark Side - True Weblog Court TV's Crime Library - Full Coverage & BLOGS Slobokan's Site O' Schtuff - A Weblog Scared Monkeys - A Weblog Observations of a Misfit - A Weblog Missing & Abducted - Discussions |
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