DEKALB COUNTY, Ind. (www.incnow.tv) -- A judge in a murder trial is deciding whether to allow the jury to view evidence collected from the home, vehicle and purse of the defendant.
Julie King, 34, is waiting to stand trial on charges of felony murder, conspiracy to commit murder and aiding in attempted murder after her boyfriend was killed after he shot a Waterloo police officer in the face.
King's public defender has asked the court to dismiss evidence collected from searches of King's home, purse and vehicle arguing that officers had not provided all the facts to the judge and had the judge known all the facts he wouldn't have issued the search warrant.
King's boyfriend, Ralph Hardiek, allegedly shot Waterloo Deputy Marshal Stephen Brady in the face in December 2011. According to our partner in news, The Journal Gazette, the couple had knocked on a woman's door and asked her for help getting their car out of the mud. The woman declined but then told Deputy Marshal Brady about the couple when she was at a gas station later that day.
Brady went to look for the couple and when he found them near Railroad and Center streets and asked for ID, Hardiek allegedly shot him in the face.
The couple were then found huddled together under a porch and when Hardiek brandished a handgun, officers fired into the area under the porch, killing Hardiek and critically wounding King.
Hardiek had skipped a hearing a few days earlier in Noble County on a charge of dealing methamphetamine.
King will be on trial for felony murder because of a robbery cited by prosecutors in Coldwater, Michigan, but King's public defender argues that the robbery was not close enough in time to the shooting death of Hardiek to meet the standard for felony murder.
King's public defender, Dan Pappas, says that the prosecutor is seeking the felony murder charge because Hardiek shot a police officer in the face. He says that King faces a greater prison sentence for Hardiek's death than Hardiek would have gotten for injuring Brady had Hardiek survived.
Judge Monte Brown will decide whether or not the evidence found in those searches, which includes drug paraphernalia, guns, knives and ammunition, will be admissible in court.
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