Automobile robbery suspect claims inadequate proof

Jacob A. Braunschweig, 30, used to be arrested by way of an Elko Police Division officer in April after certainly one of two cars that have been reported stolen from an automotive restore store used to be positioned at a motel. He used to be booked into Elko County Prison on fees of grand larceny of a motor car and conspiracy to own a stolen car.

Braunschweig used to be launched from prison however arrested once more in September at Washoe County Prison for failure to look in Elko court docket at the fees.

On Oct. 21, Roger Stewart of the Elko County Public Defender’s Workplace filed a pre-trial petition for a writ of habeas corpus, claiming that Braunschweig will have to now not had been certain over at the fees because of inadequate proof.

Stewart wrote that initial listening to testimony in regards to the car having been indexed within the Nationwide Crime Data Heart database as stolen used to be inadmissible rumour, “Noting that the pc couldn’t be cross-examined and that there used to be no proper to war of words at a initial listening to …”

Stewart died a month later.

Deputy District Lawyer Mercedes Martinez countered that “The Justice Court docket heard testimony from a number of witnesses who positioned (Braunschweig) with no less than one of the most stolen cars, which he admitted he believed used to be stolen.”

In keeping with the police officer’s declaration of possible motive, Braunschweig to start with denied realizing the place the keys had been regardless of being observed using the car, however then admitted they had been in his jacket.

He used to be additionally charged with creating a false commentary to impede a public officer, after giving police a distinct first title.