January murder hearing continued in Portage County
John Fox entered the Portage County Common Pleas courtroom on Tuesday morning for a motion to suppress a search warrant of Fox’s apartment. The search convicted him of the murder of Alliance man Justin Earley in January.
Judge Laurie Pittman granted a continuance of the hearing because the defense raised several issues the prosecution was not prepared to argue, including entry of Fox’s apartment by the state prior to a search warrant.
The defense, including attorneys Dennis Lager, J.P. Laczko and public defender Heather Burns, claimed the warrant violated Fox’s Constitutional rights under the 4th Amendment, which prohibits unwarranted searches of property. The defense also claimed there was no probable cause to search Fox’s apartment and the evidence, including the body of Earley, should not be used in Fox’s trial.
“We are asking the court to consider appropriate sanctions for the violation, which is the suppression of any evidence obtained and all derivative evidence that was obtained as a result of the seizure,” said Lager during the hearing.
Detectives previously subpoenaed several records, which connected Fox to the murder of Earley, and searched his apartment after obtaining a search warrant. The body of Earley was found in the apartment, and Fox was arrested.
The prosecution, including Grand Juror Tom Buchanan and Division Chief Francis Ricciardi, claimed the state received a search warrant for Fox’s apartment with probable cause.
“The 4th Amendment is a very broad category, and the rules require that you specify the basis for your motion. The warrant that was issued was based on probable cause, and later you said that there was a lack of probably cause. The only basis here is that there was no probable cause. There are other violations that [the defense] could specify, but they don’t today,” said Buchanan to the defense during the hearing.
Fox’s trial is in October and the motion hearing will be continued on Sept. 30.
