Motion to dismiss charges against Clarkston man in bomb case denied | Crime
The federal sentencing hearing that was scheduled for June 6th at 9:00 a.m. in U.S. District Court in Spokane for a 23-year-old Clarkston man on federal explosives charges remains set after Judge Lonny Suko recently denied motions to dismiss the charges and to suppress evidence.
Joey Brice was taken into custody in May of 2011. He pled guilty this past September to manufacturing an explosive device and attempting to provide material assistance to terrorists, and faces up to 15 years in prison.
Brice was seriously injured when a homemade bomb exploded just west of the Red Wolf Bridge in April of 2010. Federal investigators say they later learned that Brice posted instructions on how to make explosive devices and videos advocating suicide bombings.
In his ruling, Judge Suko said that the court finds that the remedies Brice seeks, namely dismissal, and in the alternative, to recuse the U.S. Attorney, Probation Office, and the court, "are not justified by the facts of this case. To the extent there was an inadvertent violation of any privileged materials and such information is utilized in the presentence report, Defendant’s remedy is to file objections to such."
In regard to the motion to suppress evidence that was confiscated from Brice's jail cell at the Spokane County Jail during a search on May 18, 2012, Judge Suko found that Brice
"cannot show that a legitimate expectation of privacy has been violated. The totality of the circumstances and legitimate concerns for safety and investigation of possible in house criminal activity justified the searches. This Court finds that none of the material seized from the Defendant's cell standing alone could readily be discerned as covered by attorney client or work product privilege, with the possible exception of a handwritten page that could be deemed Work Product after hearing testimony from defense counsel that he told Defendant to maintain a journal or diary to record his thoughts. As an appropriate remedy for what may have amounted to an inadvertent violation of the privileges asserted by Defendant for this handwritten document, Defendant may object to any information gleaned from the document if mentioned or used in the presentence report, and ask that it be stricken from the report."
Brice's attorney, Matthew Campbell of Federal Defenders of Eastern Washington and Idaho, filed objections to the presentence investigation report yesterday.