BOONE COUNTY, MO. -- Update: Thursday, Nov. 18 at 7:55 a.m.
COLUMBIA, Mo. (AP) -- A judge has thrown out some possible evidence in the case against a Laddonia couple accused of killing a drifter from Ohio.
Boone County Judge Kevin Crane on Wednesday granted a motion to suppress evidence from a Missouri State Highway Patrol search of Chester and Angela Harvey's home in Laddonia.
The Hannibal Courier-Post reports that Crane also denied Angela Harvey's request to exclude evidence found in a trailer where the body of 20-year-old James William Boyd McNeely was found last Dec. 22.
Prosecutors allege McNeely was killed in the Harveys' basement in Laddonia and his body was stored in the refrigerated trailer of a truck Chester Harvey drove. Three of the couple's children also were charged in the case.
Update: Tuesday, Nov. 16 at 4:45 p.m.
Two Audrain County murder suspects appeared at the Boone County Courthouse Tuesday for a motions hearing.
Chester and Angela Harvey are charged with the first degree murder of Ohio drifter James McNeely.
Defense attorneys for the Harveys filed a motion to suppress evidence found through search warrants of the Harvey home and a tractor trailer, where authorities found the body of James McNeely, last December. Defense attorneys argued the two search warrants should be thrown out of court because the warrants said where authorities were going to look, but they did not say what authorities were looking for.
“Other officers later assess the things he saw and find that they are evidence of the crime of homicide,” Boone County Judge Kevin Crane said.
Prosecuting attorneys said the search warrants are valid because authorities and a SWAT Team followed procedure.
“The SWAT Team goes in under the assumption that there is a threat in there," Missouri Highway Patrol Sgt. Ryan Burkhart said. "It’s a normal emergency protective sweep.”
The married couple accused of first degree murder snuck not only one kiss, but a second kiss in the courtroom.
Judge Kevin Crane is expected to mail his decision on the validity of the search warrants to defense attorneys and prosecutors by Feb. 1. That’s the trial date set for Chester Harvey.
Chester and Angela Harvey’s son Chad recently pled guilty of second murder in exchange for his testimony against his parents.
Update: Tuesday, November 16 at 2:35 p.m.
A Boone County judge told attorneys he will decide on the motion to suppress evidence on a later date and will mail his decision to the parties.
The judge said he will decide before Feb. 1, 2011, when Chester Harvey’s trial is scheduled to begin.
Original Story:
Two Audrain County murder suspects were in court Tuesday for a motions hearing.
Chester Harvey and Angela Harvey are charged with the first degree murder of Ohio drifter James McNeely.
Defense attorneys for the Harveys filed a motion to suppress evidence found through search warrants of the Harvey home and tractor trailer, where McNeely’s body was found.
McNeely was found dead in the freezer of Chester's tractor trailer on Dec. 22, 2009. Police tracked the Harveys to their home, where there was a day long standoff. (Read more)
Defense attorneys argue the evidence collected in the home and trailer were illegally collected because the search warrant was not issued properly. Attorneys said police did not follow correct procedures to serve the warrant.
Prosecuting attorneys said the search warrant is valid because police followed procedure when issuing the warrant.
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