Lovelace's laptop barred as evidence in upcoming trial - WGEM.com: Quincy News, Weather, Sports, and Radio

Lovelace's laptop barred as evidence in upcoming trial

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QUINCY, Ill. (WGEM) -

The judge in the Curtis Lovelace murder case entered an order Wednesday that will not allow a computer belonging to the former prosecutor as evidence.

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

Lovelace's attorneys filed a motion that stated the laptop was illegally obtained by police in 2014. Court documents stated Detective Adam Gibson received the laptop from Lovelace's second wife, Erica Gomez. It stated Gomez took the computer with her when she and Lovelace divorced.

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

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

In Judge Bob Hardwick's court order filed Wednesday, it states the defense claims the computer was Lovelace's non-marital property and he was awarded it in the dissolution. It states Lovelace never gave the laptop to Gomez and she basically "stole" the property.

The documents also state the prosecution's position is that "Erica Gomez had apparent authority to deliver the computer to Adam Gibson." It states the defense claims Lovelace never tried to get the computer back.

Hardwick stated in the order that "the burden is on the state to show by a preponderance of the evidence, that Erica Gomez gave a valid consent to search the computer." He stated that evidence presented by the prosecution "establishes there was no actual authority to use the computer or to deliver it to Detective Gibson.

Hardwick went on to state the following:

If the police thought they had apparent authority to search the computer without a warrant, Detective Gibson would not have stated 'It was also decided that I would apply for a search warrant.' You do not have apparent authority to search if you think you need a search warrant.

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

You can read more on the Lovelace murder case here. Also you can read the court documents regarding this story below:

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