Judge Denies Motions in Parker Trial

1:49 PM, May 23, 2013   |    comments
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Columbia, SC (WLTX) -- The defense in the double-murder trial of Brett Parker began presenting their case Thursday.

Before they did, they argued three motions before the court, each seeking to dismiss charges or grant their client immunity.

Parker stands accused of murdering his wife, Tammy Parker, and a friend, Bryan Capnerhurst, at the couples Irmo home in April of 2012.

The defense motion with the greatest attention was argued under South Carolina's Castle Doctrine -- widely known under the umbrella of "Stand Your Ground" laws -- which would have granted Parker immunity from prosecution.

Parker's defense argued that Parker had a legal right to defend his home. They claim that because Capnerhurst entered the residence with the intent to rob Brett Parker, Parker in turn had the right to defend his property.

Judge DeAndrea Benjamin denied the motion saying that "undisputed" testimony has shown that Capnerhurst was invited to the home. Benjamin said the fact that the garage was intentionally left open for Capnerhurst seems to reaffirm that fact.

Two other motions argued by the defense before they began presenting their case asked for a verdict of "not guilty" to be entered immediately, or as an alternative, to dismiss the case.

A verdict of "not guilty," the defense argued, was necessary because the state had not proven beyond reasonable doubt that Parker was guilty. The burden of proof, in the case, is on the state.

The defense then began calling their own witnesses in the case.

 

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