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Judge's ruling Judge rules Lewis' assault charges inadmissible
Posted: Monday May 01, 2000 08:46 PM
ATLANTA (AP) -- Three previous assault charges against NFL star Ray Lewis cannot used against him in his murder trial but evidence taken from his home can, a judge ruled Monday. The assault charges against the Baltimore Ravens' linebacker, all of which were dropped, stem from cases in 1994 and 1995 in Miami, and in December 1999 in Baltimore. In all three, Lewis was accused of hitting a woman. Prosecutors argued that the cases should be admitted because they demonstrate Lewis' "intent, bent of mind and course of behavior" when faced with a dispute. But defense lawyers Ed Garland and Don Samuel said the assault charges, which Lewis denies, are not relevant. The judge agreed, ruling that they weren't similar enough to the charges Lewis now faces. "It's the same argument of, 'If he did it before, he'll do it again'," Judge Alice Bonner said. Lewis and co-defendants Joseph Sweeting and Reginald Oakley are accused of stabbing two men to death after a Super Bowl party in Atlanta on Jan. 30. Lewis maintains he was a peacemaker during the street fight in which Jacinth Baker, 21, and Richard Lollar, 24, were killed. Lewis is free on $1 million bond.
Samuel said police did not have probable cause to look for evidence there because Lewis had not been home since the slayings. He also argued the search warrant was too broad. It allowed police to take any photographs showing people and any documents with names, phone numbers and addresses. Prosecutors said police searched Lewis' home because most of his things, including clothes he was wearing the night of the killings, were gone from his Atlanta hotel room by the time police arrived. Also, police suspected that Oakley or other members of Lewis' entourage might have returned to Lewis' home.
Harvey argued that prosecutors and Lewis' lawyers had made their cases public, so he should have that opportunity, too. In denying the request, Bonner reminded all parties that they need to ensure that prospective jurors aren't tainted by information released outside of the trial.
In his request April 17, Garland wrote that a joint trial would not be fair and that some evidence might be admissible against one defendant but not against another.
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