Defense in Brooklyn Park triple homicide case challenges search warrants; judge sets trial
The lawyer defending a St. Louis man accused of murdering three people in Brooklyn Park April 9 has asked a judge to throw out evidence obtained through multiple searches. If the judge grants the request, it would limit the evidence prosecutors could bring against the defendant at the trial, which the judge has set for Friday, April 19.
Eddie Mosley, 35, was indicted by a Hennepin County grand jury July 26 and faces charges on nine counts of first-degree murder for allegedly killing home daycare provider DeLois Brown, 59, and her parents, James Bolden, 82, and Clover Bolden, 81.
If convicted, Mosley faces a mandatory life-sentence on each count. He has not yet entered a plea.
At the time of the murders, Mosley faced charges in Wright County for allegedly raping his half-sister’s daughter. Investigators believe Mosley drove from St. Louis, Mo. to Brooklyn Park, Minn. with the intention of killing his niece so she couldn’t testify against him.
At a hearing Nov. 30 Mosley’s private defense attorney, Travis Keil, told District Court Judge Toddrick Barnette that investigators had performed improper searches of Mosley’s property. He said searches of Mosley’s two houses and SUV were performed without sufficient evidence to establish probable cause. If Barnette agrees with Keil, prosecutors would not be able to bring evidence obtained through the searches against Mosley at trial.
Keil also argued that later searches were based on findings of those early searches and were, therefore, also improper.
Some of the details of the court proceedings remain unclear, because the judge sealed much of the record to protect the identities of witnesses. But during the hearing, Keil told the judge that officers submitted “nothing pinpointing that Mr. Mosley was up in Minnesota” at the time of the shooting when they requested a St. Louis magistrate approve the search warrant for the houses and SUV.
In addition, he questioned the motive suggested by investigators because Mosley’s niece was not the victim of the crime.
He also said the wording used in the affidavit misrepresented a statement made by a witness.
The prosecutor, Assistant Hennepin County Attorney Darren Borg, argued that, taken as a whole, each of the affidavits submitted by law enforcement did establish probable cause. He also said the suggested motive was plausible because the murders occurred at the time of day that Mosley knew his niece would have been at the home if schedules hadn’t changed.
Borg denied the claim that law enforcement affidavits misrepresented the witness statement. He said the affidavit used a slightly different phrase than recorded in the interview transcript but argued the meaning was the same.
“No police officer is bound to quote verbatim” statements made by witnesses, he said.
In addition, Borg said he believed the affidavit established probable cause even without the statement in question.
The judge gave the defense until Monday, Dec. 10, to further review and respond to documents it received Nov. 28. He gave prosecutors a week after that to respond.
Following the hearing, Keil told the Sun-Post it’s important that the public not jump to conclusions about the case.
“I know a lot of people have already convicted Mr. Mosley in the media,” he said. “We just ask that the legal process take its course.”
Mosley is being held in lieu of $6 million bail. The next scheduled hearing is Tuesday, April 9.