Lovelace defense asking court to bar testimony, evidence - WGEM.com: Quincy News, Weather, Sports, and Radio

Lovelace defense asking court to bar testimony, evidence

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QUINCY, Ill. (WGEM) -

The defense for accused murderer and former prosecutor Curtis Lovelace filed several motions Thursday asking the court to dismiss certain evidence and testimony.

Lovelace is accused of murdering his wife Cory in 2006. He was arrested in August of 2014 and went to trial earlier this year. That trial ended with a hung jury.

One motion asks the court to suppress evidence supposedly recovered from a laptop computer that belonged to Curtis Lovelace. The motion states the laptop was illegally obtained by police in 2014.

Documents state Detective Adam Gibson got the laptop from Lovelace's second wife, Erica Gomez. It says Gomez took the computer with her when she and Lovelace divorced.

The motion states Gibson ignored fourth amendment law. It states Gibson claimed to have obtained a warrant to search the computer but the defense hasn't received the warrant.

The defense states Gibson knew the laptop was taken from Lovelace and didn't have his consent to search it. They say Gibson's police report shows he had "no basis to believe Gomez had common authority over the laptop."

Lovelace's attorneys did state in the motion that there was nothing on the computer that would connect him with the murder of his wife Cory.

Another motion was filed asking the court to bar testimony from witness Dustin Strothoff. 

Strothoff testified during the first trial. He said he saw a large silhouette in the second floor window of Curtis and Cory's home pacing six to eight times the morning of her death. He said he assumed it was a male pacing.

The motion states Strothoff's testimony was not only irrelevant, but he shouldn't have testified in the first place. Documents say because of Strothoffs felony convictions and the fact that Lovelace prosecuted him, his testimony should not have been allowed.

The defense stated special prosecutor Ed Parkinson met with Strothoff prior to the first trial. During that meeting, the motion states Strothoff told Parkinson that he might be discredited because of his convictions.

Another motion asks the court to bar evidence of any previous encounters between Curtis Lovelace and police. The motion pertains to encounters Lovelace and Gomez supposedly had with police during their marriage.

"The state can point to no interactions Mr. Lovelace has had with the police outside of the direct investigation into Cory Lovelace's death that makes any fact in this case more or less likely," the motion said.

The defense is also asking the court to bar certain evidence about Dr. Jessica Bowman. Bowman was a pathologist in Sangamon County in 2006 and ruled Cory Lovelace's death undetermined.

Lovelace's attorneys say Bowman's work on other cases, which has been questioned in media reports, is not relevant to this case.

The defense is also asking that charges be dropped because of alleged misconduct by the prosecution in relation to Dr. Scott Denton. The defense says if the charges aren't dropped, then Denton's testimony should be barred.

The motion alleges Denton gave conflicting reports to the prosecution and defense and withheld evidence.

The defense also filed multiple motions Thursday to allow evidence. One of those motions asks the court to allow testimony regarding Cory Lovelace's possible eating disorder.

A motion was also filed asking again that evidence from Gibson's phone records be allowed.

Lovelace's second trial is scheduled to begin Feb. 27 in Sangamon County.

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