The prosecutors who want to put Brian G. Fitch away in the coldblooded shooting of Mendota Heights police officer Scott Patrick will be allowed to use evidence that Fitch allegedly made threats to kill witnesses to the crime, a judge ruled Thursday.
Defense attorneys had wanted to exclude that evidence and had filed a motion to suppress it, but Dakota County District Judge Mary Theisen denied their motion, saying the alleged witness assassination plot speaks to a "consciousness of guilt" on Fitch's part.
Her decision came after arguments Thursday from defense attorney Gordon Cohoes that the alleged plot was not relevant. "It's not a confession," he said in court.
Jurors would be "extremely terrified" of Fitch if they hear the allegations and might want to put him in prison simply to protect themselves, Cohoes said.
Fitch, 40, is accused of gunning down Patrick on July 30 and then engaging in a shootout with three St. Paul police officers hours later as they hunted him down. Fitch was shot eight times before he was captured.
Jury selection began Monday with some 93 prospective jurors summonsed to Stearns County District Court for the possibility of serving. Eleven jurors have been chosen so far after about 50 interviews; 12 jurors and two alternates are needed before the trial can begin. The case was moved to St. Cloud due to publicity surrounding the case in Dakota County.
Gun's origin suppressed
Theisen granted a defense motion Thursday to suppress evidence that the gun Fitch used was stolen. Prosecutor Phillip Prokopowicz said the gun was stolen from an Eden Prairie homeowner. Authorities determined that it passed through several hands before it wound up with Fitch, he said. Theisen said the gun's origin isn't relevant to the murder case, however.
Theisen delayed until Friday morning a ruling on another defense motion that seeks the identity of a confidential informant who spoke to police after officer Patrick's death.