A defense attorney Wednesday questioned the legality of a search warrant used to obtain evidence during a police investigation of the bombing death of a boy.
Steven Thurman has been charged with capital murder in the May 15 bombing death of 11-year-old Adam Cook. If he's found guilty, he could face the death penalty.His attorney, Robert Van Sciver, asked the court to consider a motion to suppress physical evidence obtained because of a search warrant he says was based on an affidavit that "doesn't lead a reasonable person to conclude that evidence would be found in his apartment."
The hearing was held before 3rd District Judge Michael Murphy.
Prosecuting attorneys maintained the affidavit was sufficient probable cause to issue a search warrant. They also called two special agents who conducted the investigation and search of Thurman's residence and property to testify on behalf of the state.
Thurman took the stand to dispute some of the previous testimony by law enforcement officials. Van Sciver presented arguments disputing the validity of the affidavit and search warrant.
If the motion to suppress is granted, physical evidence obtained because of that search warrant would not be admissible in court. The majority of the substantial evidence was obtained from a storage unit that Thurman leased.
The search warrant issued to law enforcement officials did not include the storage unit, as its existence was discovered during the search. Special agent Robert J. Conner, who was in charge of the investigation and search, said officials asked Thurman to sign a consent form allowing them to search his storage unit.
Investigators found several items in the storage unit that prosecutors believe link Thurman with the bombing.
Murphy is scheduled to issue a ruling on the motion at 8:30 a.m. Tuesday, Sept. 24.