Tobin Kerns’ attorney, William McElligott, said that he is going to file a motion to suppress evidence taken from the Kerns’ home. His argument is that the search warrant was obtained on information from Joseph Nee who is now a co-defendant. From the article…
McElligott said he will seek to nullify the search warrant Marshfield police obtained for their search of Kerns’ home. Search warrants should be based on the statements of an ‘‘informant who is reliable,” he said.
While I think this is great news for Toby I can’t help but ask wouldn’t this also mean that evidence seized couldn’t be used against Joe Nee either?
Mr. McElligott is also looking into Joe Nee’s “no criminal record” by looking into an alleged assault at a skate park where no charges were filed against Nee but the victim required medical treatment. He is also looking into the police histories of Daniel Farley and Joseph Sullivan, two teens who will testify as witnesses but some say are also involved.
UPDATE: According to this article Nee’s attorney, the always amusing and perverted cop defender Thomas Drechsler, plans to file for a change of venue. He says the media coverage would make it impossible to find a partial jury in Plymouth County.