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Kaitlin Armstrong's attorneys file 2 motions to suppress evidence in pre-trial hearing
Kaitlin Armstrong, the woman accused of murdering cyclist Moriah "Mo" Wilson on May 11, had her pre-trial hearing Wednesday.
AUSTIN, Texas - Kaitlin Armstrong, the woman accused of killing cyclist Moriah Wilson, was in court Wednesday for a pre-trial hearing.
Police say Wilson was romantically involved with Armstrong's boyfriend, Colin Strickland.
Armstrong's attorneys filed two motions to suppress evidence.
Two police detectives were questioned. The hearing was to figure out whether they lied on the probable cause affidavit used to arrest Armstrong for murder.
Armstrong was first brought in for questioning on May 12 for a misdemeanor, accused of not paying for Botox. Because of confusion about her birthday, she was told she was free to leave, something she said she would like to do, but the conversation continued.
A more than 13-minute video shows Armstrong nodding in agreement as an Austin police detective speaks, making statements about wanting her side of the story. The defense argues the affidavit falsely claims she was nodding with incriminating information revealed earlier in the conversation.
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Kaitlin Armstrong's attorneys claim arrest affidavit was filled with 'lies and exaggerations'
Armstrong's attorneys filed what's called a "Frank's Motion," claiming the affidavit used to arrest Armstrong for murder was filled with false information.
The affidavit also states Armstrong says she was certain about understanding the detective, when the video shows she said she was actually uncertain. The detective told the court that was a mistake.
The defense also argues the interview was actually an illegal interrogation because Armstrong was never read her Miranda rights. She said she wanted to leave five times and repeatedly said she wanted an attorney.
The detective said she continued the conversation because Armstrong engaged and felt her statements were not definitive.
The defense argued Armstrong used definitive language. The state pointed out the detective told Armstrong she was free to leave five times.
The defense also asked a detective questions about mischaracterizing the probable cause affidavit.
The detective said everything written was to the best of his knowledge at the time.
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Kaitlin Armstrong's attorneys file to prohibit prejudicial comment to the media
Kaitlin Armstrong's defense said, "There is virtually nowhere in the English-speaking world where Ms. Armstrong could receive a fair trial today."
Multiple pieces of evidence were submitted, including interviews with Armstrong's friend and Strickland. There were calls from anonymous tipsters, including the one who said Armstrong wanted to kill Wilson.
The defense claimed the detective was leading Strickland during questioning and drawing conclusions about the relationship. The detective said multiple people corroborated that information.
The affidavit was signed before the ballistics report for the gun used was released, and so the detective incorrectly stated on the affidavit there was a match.
The hearing will continue on Monday, Oct. 24. Another witness will be questioned.