Tuesday, April 24, 2007
Judge denies motions to suppress evidence in photographer's case
The attorney for Bob Shell argued police had altered time stamps on digital photographs.
RADFORD -- A circuit court judge denied all motions to suppress evidence Monday against Radford photographer Bob Shell, charged with giving a 19-year-old model a drug resulting in her death.
Shell's attorney Jonathon Venzie wanted digital photographs, computers and a Valium bottle kept out because, he said, of breaks in the custody chains and "bad faith" on the part of the prosecution.
Shell, 60, is charged with murder and defiling a corpse in the June 3, 2003, death of model Marion Franklin. Jury selection for a two-week trial is scheduled to start April 30.
It is still possible for more pretrial motions to be scheduled either late Wednesday or Friday, including one claiming Shell has been denied a speedy trial.
The case has stretched over nearly four years and gone through three judges, three defense attorneys and two prosecutors.
Shell took the stand Monday to claim that police altered time stamps on the digital photos he took of Franklin on the day of her death, to make them seem they were taken later than they were.
He had told authorities that Franklin had gone to sleep after a bondage photo shoot, that he had checked on her several times and had called 911 when he found her unresponsive. He told them she may have taken Valium from a pill bottle in a cabinet belonging to his mother.
Commonwealth's Attorney Chris Rehak is trying to show that little time elapsed between the time of the last photo and the call to 911, indicating that Franklin was dead when he contends Shell had sex with her. The defense contends there was a significant time lapse, and she would not have been dead at that time.
Venzie said authorities opened computer and camera-card files in a way that the times on the photos could have been altered, intentionally or inadvertently. Shell testified he believed police downloaded free Internet programs allowing them to do just that.
"If it was hair or saliva samples that were left out in the open, it would be the same thing," Venzie said. Rehak argued that the time stamps on the photos had remained constant, and only the modified dates -- showing when they were open to be viewed -- changed.
Venzie also complained that the prosecution showed the defense an interview with a man identified as Franklin's drug dealer only on the day of another motions hearing last week, 13 days before Shell's trial starts. He said this showed "bad faith" on the part of the commonwealth, but Judge Joey Showalter ruled otherwise.
Venzie also moved that the prescription bottle of Valium be suppressed, because its chain of custody was not maintained properly. Showalter said he would take that motion under advisement, pending the trial.
An autopsy showed Franklin's blood contained morphine, cocaine and a drug found in Valium. Venzie said liver tissue and stomach contents should have been examined to pinpoint the cause of death more accurately and the materials have now been destroyed. "It's the defense that squandered a year and a half of not having this stuff tested," Rehak responded.











