Before jury selection could begin today in Washoe District Court, Judge Steven Kosach had to rule on seven defense motions. Because those motions were filed late last week, Judge Kosach reserved judgement on three of them. As for the others, the most significant dealt with suppressing FBI evidence and expert testimony which show the paralyzing agent succinylcholine was in Augustine's body.
"Succinylcholine may not be as advanced as DNA was 20 years ago. And really what we have to deal with in front of the jury is make them understand the reliability and the efficacy of these test results we are dealing with" said David Houston Defense Attorney.
Despite the defense's contention that the detection of succinylcholine is quote: "New Science." Judge Kosach denied their motion to suppress the FBI evidence. He also denied a motion to have statements made by Higgs before his wife's death thrown out.
"They occurred when anyone would say to Mr. Higgs when he was busy at work, is there anything I can help you with, and those statements were answered. The question was answered with yea you can get rid of my wife" said Tom Barb the prosecutor.
However the judge reserved a ruling on the issue of statements made after Augustine's death. Those statements include emails written two months after Augustine's death, by HIggs, exchanged with a woman he knew which include "oh, by the way did you hear I am single?"