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The defense withdrew the photo identification part of the motion to suppress based on what Montgomery County prosecutors will put into the record about three juveniles who were interviewed by police.
Montgomery County assistant prosecutor Lynda Dodd said all three juveniles confirmed they did not see the shooter, that all three confirmed they did not see anyone come out of a white car that night with a gun and that all three said they didn’t see anyone else with a gun that night other than one of those three juveniles who did have a weapon.
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Langer said all three juvenile witnesses will be permitted to testify at trial to any other relevant admissible facts and observations.
Langer set a briefing schedule for attorneys to argue their sides about search warrants and affidavits being challenged for suppressions, including telephone records of Gregory and his father, the defendant’s residence and relevant photos, Gregory’s DNA sample and fingerprints and a password-protected Apple iPhone.
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The defense’s brief is due Jan. 29, the state’s response due by Feb. 20 and any defense reply brief by March 6.
A pretrial hearing was scheduled for April 19 with the trial set for May 7.
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