Last Minute Motions

With less than a week left before the Chazz Higg's murder trail begins...HIgg's Attorney David Houston has filed several motions: One to surppress statements made by Chaz Higgs before his wife's death...But these motions deal with scientific evidence that the defense believes should not be used in trail.

Last September local authorities arrested Chaz Higgs for the murder of his wife, state controller Kathy Augustine. Higgs claimed he found his wife unconscious in the bathroom of their home. And believed she had sustained a heart attack. But police say blood and urine samples from Augustine collected at the hospital showed she had a paralyzing agent in her system called Succinylcholine

"The way the F-B-I lab spells it out for us is its Succinylcholine, and it was found in her urine and we believe that was definitely the cause of her death.and the corner says that's enough... That's enough to show it's a homicide. Not the fact that that substance was there but there was no other cause of death found. She did not die of a heart attack her heart was healthy." Lit Jon Catalano told KOLO 8 News last September.

Strong evidence from the F-B-I. But Higg's Attorney David Houston says he wants that evidence thrown out. In court papers filed last Friday, Houston says he never received samples so his experts can test it for themselves. Because of that Houston is asking the court to not only throw out those samples but also the expert testimony that comes with it.

" The evidence was not preserved in a state that we can then retest that allows us to come up with a viable result. Number two some of the evidence was actually destroyed in the testing process so we should have been allowed at least upon notice to be present at the time of testing with our experts."

Prosecutor Tom Barb says Houston never asked for the samples--which are available--until late last week. A lot will be riding on these motions...Barb says many of his witnesses come from the crime lab, medical personnel who treated Augustine, and the F-B-I.
Barb says he's received the motions filed by defense and is working on a response. He says he anticipates a good outcome for the prosecution.