Seized evidence OK'd in teen's murder trial

August 21, 1992|By Liz Atwood | Liz Atwood,Staff Writer

An Anne Arundel Circuit judge will allow prosecutors to introduce into court several pieces of evidence implicating a 16-year-old Cape St. Claire youth in the stabbing death of a 19-year-old rival.

Judge Raymond G. Thieme Jr. ruled this week that prosecutors may introduce a set of brass knuckles, a bloodstained towel and the victim's wallet that were found in the home of Brian Arthur Tate.

The youth, a former football quarterback at Broadneck Senior High School, has been charged with first-degree murder in the death of Jerry L. Haines.

According to investigators and charging documents, the Tate youth killed Mr. Haines because he was dating young Tate's former girlfriend.

Police say he ambushed Mr. Haines about 11 p.m. Feb. 24 in front of his home in the 1100 block of Summit Ave.

Mr. Haines was stabbed more than 20 times as he was getting out of his truck. According to police, the Tate youth dragged Mr. Haines' body into the back yard of a nearby home and buried it under a pile of leaves.

The defendant's lawyers had argued that the towel, wallet and brass knuckles had been seized illegally from his home in the 600 block Broad Neck Road and should not be allowed as evidence in court.

The towel was taken from young Tate's home on the day after the murder. His lawyers, George Lantzas and Joseph F. Devlin, argued that police did not have the right to seize the towel, but Judge Thieme said police could discern the bloodstains on the towel and had cause to take it.

The wallet and brass knuckles were found behind a dresser drawer in a bathroom during another search of the home two days later.

The defendant's father, Arthur Tate, said police had threatened to arrest him if he did not permit the search. Defense lawyers had argued that because of the threat, the second search of the home was illegal.

But Judge Thieme ruled that the evidence could be used because the father had consented to the search.

The trial is scheduled for Nov. 17.

Baltimore Sun Articles
|
|
|
Please note the green-lined linked article text has been applied commercially without any involvement from our newsroom editors, reporters or any other editorial staff.