A motion to suppress evidence has been denied by Judge Deborah Oakes Evans in the State of Texas vs. Amber Hope Halford in the Capital Murder trial of her uncle, Douglas Carr Hurst, who was killed during a break-in of his residence in March of 2015.
On Friday, August 12, 2016, Halford’s attorney, David Moore, argued on her behalf that a cell phone taken from the scene (found on or near the body of the deceased, J.D. Mulkey) was obtained illegally; without consent or search warrant.
Mulkey is believed to be the person who shot Mr. Hurst, who subsequently died from his injuries a few days later. Mulkey was shot in return by Mr. Hurst; and died on scene.
The cell phone in question was picked up by a member of law enforcement and turned over to Freestone County Investigator, Clay Aldrich, who charged the phone’s battery and searched it.
It is believed that the phone holds texts and/or photographs that pertain to the case; and as such was sent to the DPS Forensics Lab in Austin. Results have returned to the District Attorney’s office.
Aldrich states that he determined the phone belonged to Mulkey due to the phone’s contacts list and text messages. He explained that one text received on Mulkey’s phone said, “I know you can’t reply to this, but rest in peace.”
Amber maintains that she purchased minutes for Mulkey’s pay-as-you-go phone since they were dating, she was the only one working, and she was pregnant with his child. She explained that she provided $10 per week for those minutes so they could stay in touch.
Moore argues that this fact meant that Amber had a reasonable expectation of privacy with regard to messages sent to and from Mulkey.
District Attorney, Chris Martin, countered by explaining that since there were no stipulations or restrictions by Amber for Mulkey’s use of the minutes, and the fact that she did not provide the actual phone, that she does not have that reasonable expectation of privacy that the public is ready to acknowledge at this point.
After some back and forth debate between the two attorneys, Judge Evans made her ruling to deny the motion to suppress evidence that may be brought to light via Mulkey’s cell phone.
As a side note, there were several other cell phones confiscated during the investigation of this case; all of which were obtained with permission of the owners of the phones.
Halford will stand trial on September 19, 2016.
Nicole Schaefer reporting