Posted: Jan 30, 2012 12:22 PM by Andy Koen
Updated: Jan 30, 2012 12:34 PM
Attorneys in the Detra Farries case sorted through a series of last minute motions each aimed at putting their side in a better position as the case heads to trial later this week. Farries is charged with 11 counts including aggravated manslaughter for the dragging death of tow truck driver Allen Rose back on February 23, 2011.
Rose had arrived at Farries apartment that morning to tow her vehicle when she got in and drove away. Rose became entangled in the cable and was dragged for over a mile.
Defense attorneys asked the judge to throw out the aggravated part of a presumptive sentence after it was discovered that DVD copies of two key witness interviews were missing. Those witnesses initially told investigators that it appeared that Rose was jumping or stomping on the tow cable, but in later interviews they said he was jumping out of the way of the cable.
One of the witnesses also appeared to change his statement about whether Farries had her window open or closed.
The missing DVDs were the only two recordings of over 50 interviews associated with the case to turn up missing. However, Detective Michael D. Montez who conducted the witness interviews said his reports were made while he watched the interviews and could be used in place of the recordings.
District Court Judge Jan DuBois decided to allow the defense question detectives about the missing DVDs during the trial and attack witness testimony.
In light of the ruling, the defense requested that the DVD recording of Farries interview with investigators be admitted as evidence. Prosecutors objected on the grounds that Farries makes self-serving statement during the interview. Judge DuBois said she needed to watch the recording before making a ruling.
Limits were also established as to the use of graphic photos of Mr. Rose and the crime scene, whether Rose's widow Renee could take the stand and which photograph of Allen could be used during her testimony. Prosecutors want to establish that Rose was alive not injured prior to the accident but defense attorneys don't want her questioning to be overtly emotional so as to unjustly sway the jury.
The same argument was used in limit how much of Rose's last words could be used and to restrict the prosecution from mentioning the fact that Farries didn't have a drivers license on the day the dragging occurred.
Jury selection begins Monday afternoon, and opening statements are expected on Wednesday.