Tag Archives: Kennedy & Associates

Fowler Trial Date Moved Again.

For reasons unknown to me because I was not in attendance at the hearing last week, the Court moved to push back the start of the Fowler trial by two weeks. No doubt some sort of conflict existed that caused the court to call the prosecution and defense into the Courthouse to change the date. Right now it looks like the date for the start of trial is February 23, 2015. I will post any corrections if they prove necessary.

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Leila Fowler Evidentiary Hearing

After a hearing that stretched over two days, the court ruled that statements made by Isaiah Fowler during the course of at least five (5) interviews with Calaveras County Sheriffs and the FBI were not made in a custodial setting.  Various members of the Calaveras County Sheriff’s Department took the stand to inform the court that at not one time during these interviews did they consider Isaiah a suspect in the case despite the fact that he was the only other identifiable person in the house at the time of Leila’s murder.  One investigator stated that it was normal to have witness to a murder undress for photographs of his body to look for signs of struggle or damage caused to their person.  When asked when the last time the investigator had done that with a witness, he admitted it was about 25 years earlier.

Sheriff’s Deputies repeated that they consistently told the then 12 year old Isaiah that he was free to leave at any time.  At the same Isaiah’s father was also pressing him for answers and was in the unique position of being the guardian of both the victim and the subject of the questioning which represents a very difficult conflict of interest for a grieving parent.

Trial remains scheduled to commence on August 12, 2014.

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US Supreme Court Rules that a Warrant is Necessary to Search Your Cell Phone

The US Supreme Court, in a 9-0 ruling, stated that a search warrant is necessary to search the contents of a cell phone.  http://www.cnn.com/2014/06/25/justice/supreme-court-cell-phones/

The article at the above link gives a good account of the history of the case and the court’s reasoning that even if the police validly detain an individual for something like a traffic violation, they can not then expand their activity to a search of his or her cell phone for evidence of other illegal activities in the absence of a warrant setting forth the particulars that are the basis for the need to search the phone.

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June 25, 2014 · 12:16 PM