Homicide defendant calls for mid-trial review of search warrants

Juneau Police Officer Lee Phelps describes his experience and background to the jury during the Christopher Strawn homicide trial on Oct. 11, 2017. (Photo by Matt Miller)
Juneau Police Officer Lee Phelps describes his experience and background to the jury during the Christopher Strawn homicide trial on Oct. 11, 2017. (Photo by Matt Miller)

Wednesday’s testimony in the Christopher Strawn homicide trial focused largely on the police investigation into Brandon Cook’s death in October 2015.

Testimony on Wednesday was similar to what was provided by witnesses in the first trial last February. But trial proceedings differed with two unusual diversions created by Strawn, who’s representing himself during the trial.

Juneau Police Officer Lee Phelps testified how they executed search warrants on Strawn’s trailer in Glacier View Trailer Park and the trailer where Cook was killed in Kodzoff Acres Trailer Park.

About a half-hour into Phelps’ testimony, the jury was sent out of the courtroom.

Strawn said he wanted to file a mid-case, prejudgment appeal to exclude evidence obtained through search warrants served on him, his truck and his trailer at the Glacier View Trailer Park.

Strawn’s previous attorney wanted to suppress the evidence, but she was overruled by Superior Court Judge Philip Pallenberg 13 months ago.

Strawn wanted to appeal that decision now, but Pallenberg said he missed the window 12 months ago.

“It is inconceivable to me that the Court of Appeals would allow an interlocutory appeal mid-trial 13 months after a ruling was made,” Pallenberg said.

Filing a petition for a possible appeal now would also sideline the current trial at least 10 days while the Court of Appeals decides whether to hear whether the search warrants were properly issued.

Also Wednesday, Strawn cross-examined Phelps about searching his truck and finding various items in the bed, mail in the cab, and a bathroom vanity on the front seat.

And then, there were some mouths agape and funny looks in the back of the courtroom when Strawn posed an odd question to Phelps.

“Do you recall pregnancy tests being, a used pregnancy test in the glove box?” Strawn asked.

“I don’t have any recollection of that,” Phelps answered.

“If you have a used pregnancy test, could you, in fact, send that to somebody to get DNA tested?” Strawn followed up.

“I object as to relevance, I suppose,” interjected Assistant District Attorney Amy Paige.

“Overruled,” Pallenberg said.

“I’m sorry, sir,” Phelps said.

“It’s overruled. You may answer,” Pallenberg said.

“I have absolutely no clue,” Phelps answered.

Other Juneau police officers testified Wednesday that they searched the greenbelt between Kodzoff and Glacier View and did not find the alleged murder weapon.

Investigators will continue presenting evidence Thursday.

Upcoming witnesses will include a ballistics expert who likely testify on butt stock fragments and the type of weapon allegedly used to kill Cook.

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