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Hearing For Motion to Suppress Evidence To Continue Wednesday

The first of many hearings for a motion to suppress evidence in the John Fox murder case occurred at the Portage County Court of Common Pleas in Ravenna on Oct. 7.

In January 2014, John Fox was arrested for the murder of Alliance man Justin Earley after police found Earley’s body in Fox’s apartment.

John

The defense set the motion to suppress evidence, which will discount evidence found in a warranted search of Fox’s E. Main Street apartment, including the body of Earley. The defense also claimed that police conducted an unwarranted search prior to the warranted search of Fox’s apartment.

Two witnesses were brought to the stand on Oct. 7, including Alliance detective Don Wensel, who claims he connected Fox to the murder of Earley through a Craigslist ad for Earley’s car.

Don Wensel
Detective Don Wensel on the witness stand

According to Wensel’s testimony, the telephone number provided by the seller of Earley’s car on Craigslist traced back to Fox, who put up the ad the day Earley went missing.

Wensel also claimed the last outgoing call on Earley’s cell phone was to Fox.

According to Wensel’s police report, Wensel, along with other Alliance and Portage County officers, went to Fox’s apartment to try to contact Fox. When the team did not get in contact with the defendant, they left Fox’s apartment complex.

The defense team presented a recording done by Wensel while interviewing Fox at his job at SealMaster, a company that sells pavement products and equipment. During the recording, Fox recounts a story where he helps Earley, a new friend of his, sell his car on Craigslist because he needed the money. Earley then received a phone call and told Fox he was not able to go home, left Fox’s apartment on foot and disappeared.

At the end of the recording, Wensel seized Fox’s cell phone for analysis. According to Wensel, there was a probable cause to search Fox’s cell phone, apartment and Earley’s car after he conducted the interview with Fox. When Wensel left SealMaster, he received a search warrant for Fox’s apartment, cell phone and Earley’s car and found Early’s body in Fox’s apartment.

The hearing will be continued on Wednesday, Oct. 8 at 11 a.m. and Wednesday, Oct. 15.

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