Martinez’s attorneys filed a motion to dismiss the case Feb. 16 stating “the grand jury proceeding yielding the indictment was defective and conducted in violation” of Indiana code and the due process clause of the 14th amendment.
The motion to dismiss states that special prosecutor Stanley Levco, of Evansville, “unduly influenced the neutral and detached atmosphere” of the grand jury proceedings and “constituted a flagrant imposition of the grand jurors’ will or independent judgment so as to now require dismissal.” Levco and David Thomas, co-special prosecutor, filed a motion in response stating the grand jury statute states a prosecutor “shall” identify the offense committed.
[Most read] Former President Obama says COVID symptoms mild; officials warn unvaccinated risk remains highThe prosecutor’s motion points to Levco stating “I had originally told you we were looking at two charges, reckless driving and resisting law enforcement. You theoretically could indict him on speeding, and I told you that you can do what you want to do.” Later on, Levco said: “If you do it, I’ll pursue it.
Leach said last week that June 13 works, but that he will set the trial date during a telephonic conference. The telephonic conference has not yet been held.Latest Post-Tribune