The Virginian-Pilot
©
CHESAPEAKE
A court hearing scheduled Monday for Ryan Frederick, the Portlock man accused of killing a detective, has been continued. No new date has been set.
The hearing was expected to address several motions, including a request by the prosecution to move Frederick's trial out of Hampton Roads and a defense request to throw out evidence collected during a drug raid at Frederick's home.
The prosecution wants a so-called change of venue because of "adverse and inaccurate publicity."
"It is clear that the atmosphere will continue to be poisoned in this area of the state," prosecutors wrote in their motion to move the trial.
Frederick, 29, is accused of shooting Detective Jarrod Shivers on Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant, police said. Shivers was standing at the steps of Frederick's front door when he was shot, police said.
Frederick said he fired two shots at what he feared were intruders. The shots were fired as officers on the other side of the door used a battering ram on it.
Chesapeake police have said little about the circumstances surrounding the raid and will not make their internal investigation public. The case remains the subject of scrutiny in both the traditional media and on the Internet.
"The public feeding on this misinformation has created a frenetic environment wherein facts are distorted or ignored and replaced by rumor and erroneous conclusions of law and facts," prosecutor Paul Ebert has argued.
Circuit Court Judge Marjorie A.T. Arrington could rule on the change of venue and other motions at the next hearing. Frederick's trial is scheduled to begin Jan. 20.
His attorney, James Broccoletti, is now asking the court to compel prosecutors to hand over to him documents in the case. Broccoletti is seeking diagrams and any sketches made of the crime scene, video taken during the re-enactment at the crime scene, the cell phone records of Renaldo Turnbull Jr., photos of the marijuana plants stolen from the garage during the burglary, and certificate of analysis reflecting that it was marijuana, according to court records.
Broccoletti said he "has repeatedly requested these items for more than a month," but has yet to receive them.
Turnbull told The Virginian-Pilot in September that he was one of two men who broke into Frederick's garage to look for evidence of a marijuana-growing operation. Turnbull said he and an accomplice broke into the garage to gather evidence for police.
The drug raid followed the break-in, which was never reported to authorities.
Frederick is charged with capital murder, use of a firearm, and possession with the intent to distribute marijuana. He is being held without bond.
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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Hey twomiler
Can you ask you sister this question for me and I am not trying to be funny. How come the defense attorney's and prosecutors never raise their hand to promise to tell the truth, the whole truth, and nothing but the truth. I know they do not take the stand, but in reality they do provide tesitmony during opening and closing statements. In addition they ask questions which can affect a jury's opinion.
A Good Day
to you also. I only mentioned my sister's opinion because she spent years as a criminal defense lawyer before her time on the bench. I have a total of 6 attorneys in my family. They have all practiced criminal law at some time in their careers. They all, from the info available to them, conclude Ryan is a criminal, who should get the best representation he can afford or that the court will appoint. Believe me, most lawyers believing their client is guilty will still do their best to defend them. Most judges are able to be impartial, regardless of their personal feelings. They are, after all, professionals.
I hope this post will go
I hope this post will go through. tired of typing a long winded letter and then it not getting posted. Anyways, just noticed this....
Atlanta Cop admitted he lied during botched Drug Raid on 92 yr old woman....
http://news.google.com/news/url?sa=t&ct=/10-2&fp=490a378b60dc6afc&ei=ZW8KSZTjLqbgyQSLj7X6AQ&url=http%3A//www.ajc.com/cherokee/content/metro/atlanta/stories/2008/10/30/tesler_atlanta_police.html&cid=1264680299&usg=AFQjCNEIpI1RKRiro6WECH1OyE1dIFkcFA
Now also can you tell me how just because you are a retired cop and your sister a retired judge, how you can determine who is lying in the frederick case? Were either of you there? I personally think he is innocent, and to go a step further i think that ever if he was guilty of Growing some plants, it should never come to no-knock bust down the door shoot-em ups over a gift from god. Did God not give us Dominion over all plants bearing seeds? I guess we only have to follow the other parts of the bible and not that one. Glad someone knows which passages to use and which to toss.
You obviously think he is guilty. so prove it. I think he is innocent, and i dont have to prove it. Or at least thats how it should be.
TWOMILER2
No, I’m not an attorney, corporate or otherwise. (How can you tell when a lawyer is lying? His lips are moving…).
I’m just an American citizen who is concerned about police departments, egged on by Federal subsidies for drug interdiction, visiting death and destruction on innocent people (not to mention dogs), in their frenzied (and largely ineffective) attempts to win the, “War on Drugs.”
I’m just an American citizen who is concerned about police officers who have become a law unto themselves, answerable to no one, without fear of sanction or reprisal for their actions, who feel that it is right, righteous and necessary for them to violate the very law that they call themselves enforcing.
It’s not all bad, though. Since you and your sister believe Mr. Frederick a criminal, I take comfort in the fact that she’s retired…
A very good day to you, sir.
Case knowledge
By some of your comments, I've surmised, perhaps incorrectly, that you're one & the same with a corporate attorney, by the same name. I may not have inside knowledge of this particular case but I do know of what I speak as to raids. Ryan is a criminal. Not just in my opinion but my sister, a retired federal judge, believes he is.
TWOMILER2, wake up - please...
You may be versed in “drug raid” SOP, but your knowledge of this particular raid is decidedly limited...
You said this was a “No Knock” warrant – I asked you why Roberts testified that they knocked and announced – to convey to you, your ignorance of the facts…
At least two neighbors who were outside and saw the police arrive, stated that the police did not knock and announce – the first sound heard was the battering ram hitting the door…
If true, a reasonable surmise would be that the police conducted the raid as a No Knock, which wasn’t authorized…
If so, Roberts did perjure himself, to cover his six, and to indicate that Mr. Frederick knew he was shooting at police (to justify the capital murder charge)…
Mr. Frederick stated that he was awakened by his dogs, who were “going crazy.”
No evidence of drug sales has been produced, only claims by the informant, who has a grievance with Mr. Frederick...
Warrants
On drug warrants, if the door isn't answered & it's ascertained that the dealer is home, the door can be kicked in, if there's no response from the dealer. I'm not defending anyone, only stating what I know form personal experience. I often disagree with police actions, also due to personal knowledge & experience. Ryan is a criminal. No ways around it. He was operating an illegal drug business from his home. Do you realize your comments make Ryan seem even more guilty? If the officers knocked & announced their identity, then that would be indication that Ryan was, in fact, awakened by their loud announcement of identity. I,'m not jumping to judgement, I'm commenting, again on personal knowledge & experience in these type matters. Again, Ryan is quite the lucky man, to be alive to stand trial.
PRICE
Yes, my fangs were showing, and I do apologize…
Great John
Thank you for the lecture, All I really wanted to know what was the said at the hearing. Better to hear it from the horses mouth than some slanted report from a blog. We all wish we could attend the hearings like yourself.
Twomiler2, et al
Interesting that you admonish others to stop rushing to judgment until the government makes their case, but then assert Mr Frederick is a criminal. Det Roberts has already stated in a hearing that his investigation consisted of a few drive-by passes of Frederick's house during which he and Det Shivers saw, "nothing unusual," the word of the informant and the plants the informant stole as evidence. If the seized plants actually were MJ, why take almost a month to charge Frederick with "first-time possession" at a misdemeanor amount? I'm sure CPD wanted to throw the book at Frederick after the shooting...the best they had was evidence supporting a misdemeanor and no direct evidence themselves of Frederick's activities (based on the detective's testimony in the hearing). As for "shooting through the door," Frederick said he shot at someone reaching through the door (target ID made). Certainly he could be held accountable for having bad aim and being negligent, but again, all this must be proved by the prosecutor...thank you for your service to the community and please wait for all the evidence to come out before labeling Frederick a "criminal" and "drug-dealer."