Keith Griffith defense team files motion to dismiss
A motion to dismiss has been filed in the Keith Griffith case.
The motion comes just five days before his trial is set to begin.
Griffith’s defense team is claiming misconduct on the part of law enforcement saying they tampered with evidence.
In the motion, the defense team claims that a sheriff’s deputy added $10 of gas to Griffith’s SUV, a 2005 Ford Expedition, when they impounded it.
They say the additional gas supports the prosecutions theory that Griffith was able to drive from Indiana to Paducah and back without stopping for gas.
The motion goes on to say that the additional gas makes it appear the SUV gets 18 miles to the gallon, instead of just 7.5 mpg.
The defense team has asked the judge to, “…dismiss the indictment with prejudice for such misconduct….”
If the judge decides to not dismiss the evidence, the defense team has asked that he instead take the death penalty off the table.
The prosecution reacted quickly to the motion, filing a response a few hours later.
In their response, they say the sheriff’s deputy noticed the SUV was low on fuel when it was seized and put $10 of gas in it to drive it from Reidland to the sheriff’s department.
The prosecution also said that Griffith admitted in a phone call that his Ford Expedition, “… gets more than double that MPG.”
A hearing is set for Thursday morning. At this point, jury selection is still set to begin Monday morning.
To read the Motion to Dismiss, click here.
To read the Response to the Motion to Dismiss, click here.