At a pre-trial conference last Wednesday afternoon, John Stewart, representing Russell, filed a motion to dismiss the murder charge against Russell. He also filed two other motions, including a motion to compel the Commonwealth to file specific responses to motions for exculpatory evidence, as per a “subpoena duces tecum” (or subpoena for production of evidence).
“I did not receive a response to my motion for exculpatory evidence, and I am asking the court to grant us a hearing as to why I have not received that,” Stewart said. “And then based upon the information that was given to me through (Trigg County) Sheriff (Ray) Burnam, I feel duty bound to file a motion to dismiss.”
Stewart said he plans to call at least three witnesses during that hearing.
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