Attorney for ex-Mesa police officer Philip Brailsford seeks new hearing in Daniel Shaver shooting case

[Cop Nuttery]

The murdering little cunt.

http://tinyurl.com/hwaon7m

A new defense attorney is challenging a court ruling that had
moved the case of a former Mesa police officer charged with
murder in an unarmed man's death closer toward a trial.

Philip "Mitch" Brailsford, 25, is charged with second-degree
murder in the death of 26-year-old Daniel Shaver, a Texas man
who was shot and killed after police were called to a Mesa La
Quinta Inn & Suites on Jan. 18 after reports of a man pointing a
gun out of a window.

Mike Piccarreta replaced former defense attorney Craig Mehrens
over the summer, and he filed a motion arguing that Brailsford
was denied a fair preliminary hearing.

The May preliminary hearing was the first time evidence in the
case had been presented. The charge against Brailsford had been
filed in a direct complaint by the Maricopa County Attorney's
Office in lieu of a determination of probable cause by a grand
jury.

A preliminary hearing asks a judge to weigh whether there is
probable cause to go forward with the case, and Maricopa County
Superior Court Judge Sam Myers affirmed the case would move
ahead.

Piccarreta's motion is the latest sticking point in a case that
has left attorneys, victims and media challenging decisions over
the release of body-camera footage and gag orders and the
victim's wife wondering whether defendant Brailsford has
received special treatment in the case because he had been a
police officer.

Attorney: Shooting would be defended

In the July 22 motion, Piccarreta argued that Brailsford was
denied a fair preliminary hearing because his side was not
allowed to present key evidence "central to his defenses"
because the judge did not allow the testimony of three potential
witnesses.

The witnesses were one of the officers who was involved in the
shooting, the officer who trained Brailsford in using deadly
force and a law-enforcement expert who was brought on to review
the case.

Piccarreta said Officer Jeff Jacobs, who had trained Brailsford
at the Mesa Police Academy and has instructed numerous firearms
courses, viewed the footage and would have testified, "Shaver's
motion when he reached behind his back quickly with his right
hand towards his right waistband ... was consistent with and in
fact looked just like the movement of a man reaching for a
concealed handgun in that location."

The expert witness, Emanuel Kapelsohn, would have echoed Jacobs'
assessment, Piccarreta said in his motion. Kapelsohn watched the
redacted footage and told the defense that the proximity and
number of people in the hallway contributed to a "risk involved
in allowing Shaver to complete his movement was unacceptably
high," Piccarreta said in his motion.

Outside the courthouse, Piccarreta said the motion asked for
Superior Court Judge George Foster to review the decision of
probable cause, saying that all of the witnesses would have
provided compelling testimony for exoneration.

"Our main objection is the failure to let us present all the
exculpatory evidence that we believe mandates an exoneration,"
he said. "The court will decide whether they can hear clearly
exculpatory evidence before trial."

Prosecutors: Another hearing is not permissible

Susie Charbel, the prosecutor in the case, argued in a written
response to Piccarreta's motion that the probable-cause review
was not permissible because it would defy another judge's ruling
in the same jurisdiction.

"Since both judges have identical jurisdictions, one cannot
review the judgment of another," Charbel wrote.

She added that the court had sufficient evidence to find
probable cause "and any additional information suggested by
(Brailsford) would not have changed the result."

'Relentless' widow crosses states for hearings

Laney Sweet, Shaver's widow and the mother of his two children,
travels between her home in Granbury, Texas, and Phoenix for
each scheduled hearing. She was at the courthouse for Thursday's
brief 10-minute conference.

Witness in Mesa police shooting: 'Then they shot him … I don’t
know why'
"I think it's important to show that I'm invested and that I'm
fighting for justice relentlessly. I'm not going anywhere — I'm
fully committed to making sure justice is served and he's held
accountable," she said.

Sweet has remained critical of the Maricopa County Attorney's
Office and court proceedings throughout the case. In April, she
released on social media a recording of a meeting between her
and County Attorney Bill Montgomery.

Her attorneys have filed an action asking for redacted footage
from Brailsford's body-worn camera to be released to the public.
Sweet was told she would be allowed to watch the video, but if
she did, she could not talk about the case.

"I don't think that it should come with any restrictions on my
behalf," she said. "I hope it goes to trial (and) I think it
will be very clear to (a jury) that Daniel was executed and
hopefully an officer will actually be held accountable in the
United States for murdering a citizen," Sweet said Thursday.

What lies ahead

Foster scheduled Brailsford's next court date for Oct. 21. In
the meantime, attorneys in the case were scheduled to interview
10 witnesses over the next two weeks; no plea deals were being
discussed, Piccarreta said.

Piccarretta is expected to reply to the state's response to his
motion by early next week.

If that hearing does not go in Brailsford's favor, Piccarreta
said that he would take the case to the Arizona Court of Appeals.

http://www.azcentral.com/story/news/local/mesa/2016/09/09/attorn
ey-ex-mesa-officer-brailsford-seeks-2nd-probable-cause-hearing-
daniel-shaver-shooting-case/90102564/