Judge considering Metzger dismissal
Among the several motions heard during Allen Metzger’s latest hearing, two were motions to dismiss the charges of deliberate homicide. However, as of press time, Metzger is still on his way to face trial for allegedly delivering a fatal stab to James Finch in a fight at a Ronan bar in August.
Judge Nels Swandel, of Livingston, denied Metzger attorney Lance P. Jasper’s first motion to dismiss based on probable cause. Jasper claimed the prosecution did not have enough probable cause to proceed with the case; Swandel disagreed and said the merits of the case will be heard for trial.
Swandel granted a motion that bans the prosecution from bringing up Metzger’s prior convictions at trial, agreeing with Jasper that it would be prejudicial to the jury.
For the second motion to dismiss, Jasper said there was “spoilation of evidence” that could have been exculpatory to Metzger. Much of Jasper’s argument centered around the security tape at the bar and blood evidence from the scene.
Jasper said the state failed to uphold the legislature’s new self-defense law (as outlined in House Bill 228 passed in the 2009 session of the Montana legislature) when the police failed to collect “all evidence.”
“Officers had the opportunity and the absolute duty to collect and preserve all evidence,” Jasper said.
By only collecting the video evidence the police thought necessary, and not tape of the entire day, the state has denied Metzger evidence that could lead to his exoneration, Jasper said.
Read the entire article |
