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Judge: Freddie Grant Case Involving Gabbiee Swainson to Move Forward

5:57 PM, Dec 19, 2012   |    comments
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  • Freddie Grant (Image: Lexington County Detention Center)
  • Gabbiee Swainson
    

Columbia, SC (WLTX) -- A federal judge denied requests by Freddie Grant's attorneys to challenge warrants issued to search his home.

Grant is facing federal charges of being a convicted felon in possession of ammunition. Investigators say they found the ammunition in his home, while searching his home for evidence in the case of missing teenager Gabbiee Swainson. 

Swainson was reported missing back on August 18th. Richland County deputies say Grant took her from her home, then took her to his home in Elgin.

Grant's attorney challenged the warrant saying the judge who granted it was not told about other evidence that hints the 15-year-old girl may have ran away.  They cited comments made by Gabbiee's mother that she didn't think Grant was involved in her disappearance, and also say there was a note written by Gabbiee implying that she intended to leave.

His lawyers also have raised questions over a text message sent by Gabbiee's phone four hours after she was reported missing. An FBI agent testified saying the text was actually sent days before on August 13, and the phone kept trying to process the message before  the message finally expired.

The judge said Grant's team needed to prove that law enforcement officials left out information when seeking a warrant to search his home, and prove that the omitted information would have impacted the judge's decision to grant the warrant.

The judge said nothing introduced by Grant's attorney would have changed the result of the warrant being granted, because there was additional information to consider like Grant's access to Gabbiee and the home, blood found on her bed,  Grant's criminal history and cell phone pings close to Grant's Elgin home. 

"I think the judge considered all the options in this matter and she came to a decision that she came to and we'll live with that, now what we do is prepare for trial on the 14th," said Grant's attorney John Delgado.

Jury selection for Grant's trial on the federal ammunition charge is scheduled for January 10th. The told the judge he may need to postpone the date of the trial due to his schedule.  Grant said he was against any delay and asked for the trial to begin on January 14.

Grant told the judge that he understood his attorney may not be as prepared and that he would not be able to challenge any result of the trial based on that.  He still opted to go with the date next month.

 

 

 

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