re: #HarmonyMontgomery while yesterdays hearing was about motions before trial on the gun charges against Adam Montgomery, you would have never guessed it wasn't about Harmony.
The State asserted that Adam never invoked his right to remain silent, but admitted that if he did at some point it is the context of that invocation that was ambiguous and should not be considered
The defense asserted that it was not ambiguous and that from the time Adam Montgomery said to any officer "I'm not talking to you" or "I have nothing to say" that Adam Montgomery was in fact invoking his right to remain silent.
The defense was denied their request to bring in epert testimony on the collection of data from the cell phone. The State conceded that the search warrant for the cell phone was because of a no contact order, but also exigent circumstances
The defense argued the cell phone was illegally seized from Adam Montgomery and therefore should be suppressed, the State argues that Adam has no standing to object because the cell phone was not his.
The Judge has taken everything under advisement and will issue an order soon, she left the door open for the attorneys to file more motions with caution that trial is in November and filings need to be timely.
At the end of the day, you would never guess these hearings were about the gun charges trial scheduled for November, because the whole of the conversations were about #HarmonyMontgomery.
The Court did grant the suppression of statements from December 31, (specifically the Wolfe Park field interview) because the State did not officially object but instead attempted to preserve a right to admit as rebuttal.
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