A judge granted the motion of a murder defendant to throw out evidence collected in a search of his home. Mohammed Javed, 29, is charged with first-degree murder in the killing of his wife, 26-year-old Susan Vicars in February 2008. Last week, attorneys argued whether Lee County sheriff’s detectives left out key details and information to get a judge to sign a search warrant for the house. At stake was whether evidence collected could be used during Javed’s trial. Lee Circuit Judge Edward Volz Jr. believes they mislead the judge who signed the warrant and he won’t allow prosecutors to use a list of items found in Javed’s Lehigh Acres house during the first search, including DNA swabs, cell phones, clothing and personal effects.
Javed’s attorney, David Brener, has also said he will try to suppress other evidence collected from a second search warrant and the statement Javed gave to detectives. Javed is currently set for a Nov. 2 trial and he faces life in prison if convicted. “The Constitution says that warrants shall not issue except upon probable cause,”
Brener said. “This is a fundamental right of the person accused. If the police are not deterred in any way from making false statements or from purposely omitting information important to the decision making process, then there’ll be nothing to stop them from searching anybody’s house that the want to.”