From WestplexToday.com

Local
Flurry Of Motions Preceded Forler Trial
By Jay Murry
May 14, 2007 - 10:52:39 PM

The involuntary manslaugher trial of former Lincoln County deputy Nic Forler begins Tuesday at 9:00 a.m. in Columbia.

Forler is accused of committing two counts of involuntary manslaughter, regarding the shooting deaths of Tyler Teasley and Michael Brown on October 23rd, 2005.

The case will pivot on how well the prosecution and the defense explain the motivation of the shooting victims and Forler. 

According to the families of Teasley and Brown, Forler used excessive force when the victims were shot in the back of the head, when their truck started to roll backward toward Forler. 

However, Forler claims that he feared for his safety, because he believed that the truck was moved backward by Teasley with the intent to injure him...and he couldn't deduce a different motive, because Teasley's rear window was tinted.

The prosecution and defense filed pre-trial motions called "motions in limine", to try to enhance their chances of success.  Those motions are filed in order to attempt to exclude evidence that could prejudice a jury, with the mere mention of those items...even if a judge rules that the evidence should be disregarded by the jury.

According to case.net, an Internet site used by circuit court clerks in Missouri to post some case records on-line, Prosecuting Attorney Kevin Zoellner sought to exclude alleged evidence or mention of the following:  the level of intoxication of either victim; Michael Brown's marijuana use,  prior arrest and criminal  history, and recent incarceration before his death; and Tyler Teasley's prior criminal history and prior contact with law enforcement.

Joseph McCulloch, Forler's defense attorney, attempted to get a motion passed that would suppress photos of the victims taken at the scene of the shooting.

Presiding Judge Gene Hamilton has ruled that he will allow the media's request to allow audiotaping and still photography, subject to the objection of counsel.


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