Federal judge releases opinions ahead of Baumgartner trial

3:24 PM, Sep 4, 2012   |    comments
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A federal judge released some of his opinions ahead of the trial against former Knox County Judge Richard Baumgartner.

He was indicted in May on seven charges of misprision  of a felony, meaning he knew about felony crimes committed by a graduate of his drug court.

U.S. Magistrate Clifford Shirley suggested in a written response filed late last week that certain evidence against Baumgartner should be allowed in court.

Baumgartner's attorney filed a motion with the court asking it to suppress Baumgartner's medical records, a photo of his car, and data from a GPS tracking device.

They say the state obtained some of that evidence without a warrant, calling its use unconstitutional.

The judge says the government is allowed to use the evidence, but only to contradict Baumgartner if he testifies on his own behalf. Federal prosecutors previously told the court that was their plan.

The judge also ruled on another motion the defense filed that asked for more specifics on the charges facing Baumgartner.

Judge Shirley denied that motion, stating the seven-count indictment against Baumgartner contains enough details for his attorneys to prepare their case.

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