FREDERICK'S LAWYER: POLICE MAY HAVE KNOWN OF BREAK-IN
Ryan Frederick's attorney argued Monday that an audio recording suggests police knew about an unreported break-in at his client's home just before the ill-fated drug raid in which a detective was killed.
The burglary occurred days before police raided Frederick's home in Portlock on Jan. 17. They had a search warrant, based on an informant's tips about a marijuana-growing operation. Frederick is accused of killing Detective Jarrod Shivers that night as he and other officers tried to enter.
James Broccoletti, Frederick's attorney, renewed a motion Monday in Chesapeake Circuit Court to have the search warrant thrown out. Judge Marjorie A.T. Arrington declined to reconsider the motion.
Broccoletti has argued the warrant - and all the evidence found under its auspices - should be suppressed because the police informant had burglarized Frederick's property to get drug evidence and the magistrate who granted the warrant was never told about the police informant's role in the break-in. Prosecutors have already acknowledged that "more than one person, including the confidential informant in this case" had broken into Frederick's detached garage.
Frederick, 29, has maintained that he fired twice at what he thought were intruders breaking through his front door.
The night Frederick was arrested, he was placed in a police car and a recorder was turned on, Broccoletti said. The recording is of Frederick trying to tell police about an earlier break-in at his home.
A detective on the recording replied: "We know that," Broccoletti said.
At another time, the detective states: "First off, we know your house had been broken into. OK?"
"Two separate occasions he tells the defendant that he knew the home had been burglarized," Broccoletti argued.
The special prosecutors in the case said there is nothing whatsoever to suggest police knew at the time who broke in or who was involved. They said police learned months later that the parties involved included one of their informants.
Frederick is scheduled to stand trial Jan. 20 on charges of capital murder, use of a firearm and manufacturing marijuana. He is being held in the Chesapeake Correctional Center.
Tue, 16 Dec 2008
Virginian-Pilot (Norfolk, VA)
Copyright: 2008 The Virginian-Pilot