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Hearing held in murder case

County attorney may convene grand jury to up charges

March 11, 2012
Antonio Acosta - Staff Writer (tacosta@faribaultcountyregister.com) , Faribault County Register

Attorneys on both sides of a murder case involving a 29-year-old Ceylon man are still waiting for transcripts of interviews, law enforcement reports, lab and medical analysis so future hearings can be held.

During Brian Daniel Freeman's court appearance on Monday, Faribault County Attorney Troy Timmerman told Judge Douglas Richards the Minnesota Bureau of Criminal Apprehension is still processing evidence.

Timmerman says he expects to receive much of the information soon.

Article Photos

Brian Freeman

"It will be lots and lots. I expect it will be the most I've ever seen for a case," he says.

During the hearing, Judge Douglas Richards asked Freeman if he has read the criminal complaint filed against him and understands the charges.

"Yes I did. Yes I do," Freeman told Richards.

At the request of Freeman's attorney - chief public defender Scott Cutcher of the Fifth Judicial District - Richards set a probable cause hearing for March 19.

"We certainly won't have all the disclosures by then, but enough to determine probable cause," Timmerman told the court.

At the next hearing, Richards may decide if there is cause showing Freeman committed the crimes he is charged with.

"If we feel there was anything the police did incorrectly, then we'll ask the court to suppress that evidence," Cutcher says of the next court hearing.

"I guess I'd say my client is innocent until he's proven guilty," he adds.

Freeman is charged with murdering his wife's boyfriend, beating her and two younger females.

He faces one count of second-degree murder in the death of 37-year-old Christopher Michael Fulmer. And, three charges of second-degree attempted murder and three counts of third-degree attempted murder.

Timmerman is weighing his option of whether to call a grand jury to ask the murder charge be upgraded to first-degree.

The evidence, he says, will determine what he does.

"If I do decide to file a request, I have 14 days to convene a grand jury," he says.

A grand jury would consist of 16 to 23 members randomly selected from the county.

They would be sworn in, instructed by the court, hear evidence and could question any witnesses that appear before them.

At least 12 jurors would have to vote to indict Freeman for first-degree murder.

Freeman remains in custody at the county jail on $2 million bail.

 
 

 

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