UPDATE: March 3, 2000 was the Suppression of evidence hearing.  The first hour of the hearing was spent arguing about the cameras and press being in the courtroom.  The Defense did not want them attending the hearing.  He was afraid it would affect protential jurors.  The Judge had the press leave with their cameras.  I was really glad she ruled that way.  But it was for this hearing only.

This hearing addressed the legality of the stop made by the Shelby County Deputy in Tennessee.  The Shelby County Officers did a wonderful job presenting the evidence as to the stop. The Defense tried to break down their testimony .  Both sides made their arguments to the Judge.  The Defense Attorneys wanted 30 days to prepare their brief for her review and basically got it.  They have until 3/31/00 to turn in their briefs and then the Judge will make her decision as to if the stop was a legal stop.  If the Judge rules in our favor and allows all the evidence found in the car, which includes the gun, then more than likely the Defense Attorneys will appeal to the Supreme Court which will take another 30 to 60 days.  I am confident that we will prevail. 

Phillip’s family is very grateful to the Shelby County Officers that were involved in the capture of the man that killed our beloved Phillip.  They are our HERO’S, even the Prosecutor called them HERO’S.  “Without them we would not be here today,” he said.    We are so thankful to them. Pictured are (left to right) Deputy Kelly Nichols, Sgt. David Edmonds and Deputy Troy Simmons.

It is so unfair that only the Defendant has the right to a speedy trial.  The Prosecutor thinks it will still be Fall or could even go into next year before Trial. 

UPDATE: On Hearing to Suppress Evidence - The last sentence of the ten page Order tells us what we've been waiting and praying to hear. "Therefore, the Defendant's Motions to suppress the stop and search of his vehicle is DENIED"!!
SO ORDERED, this 19th day of April, 2000.
THE HONORABLE WENDY L. SHOOB
Judge, Superior Court of Fulton County
Atlanta Judicial Circuit