New motion in freeway shooter’s case alleges lies, cover-ups

Posted: Updated:
Booking photo of Leslie Merritt Jr. (Source: Maricopa County Sheriff's Office) Booking photo of Leslie Merritt Jr. (Source: Maricopa County Sheriff's Office)
(Source: KPHO/KTVK) (Source: KPHO/KTVK)
(Source: KPHO/KTVK) (Source: KPHO/KTVK)
MESA, AZ (3TV/CBS 5) -

A new motion filed in the freeway shooter’s case alleges the state didn’t fully disclose all of the evidence to the grand jury which might have been in the suspect’s favor.

Lawyer’s for Leslie Merritt Jr. contend the investigators in the case lied to the defendant's fiancée, claiming they had video of Merritt during one of the alleged shootings but actually didn't.

[READ: Full motion to remand to the grand jury (.pdf)]

The motion states, “Police did not and do not have any video of the shootings. The only reason they told Defendant’s fiancée that they did, was to pry her off the alibi that she provided Defendant for the day of the first three shootings. They weren’t looking for her to incriminate herself; they just didn’t want her to continue to exculpate him – because it did not fit their theory of the case.”

The motion also alleges Merritt's fiancée told investigators numerous times she was with Merritt on several occasions in which the freeway shootings occurred, however changed her story after being bullied and threatened with charges of domestic terrorism.

[SPECIAL SECTION: Valley freeway shootings]

“Once again, police had no evidence that the witness committed any crime, let alone domestic terrorism,” defense lawyers Jason Lamm and Ulises Ferragut contend in the motion.

“Yet again, their sole mission was to get her to abandon the alibi which she had given the Defendant. Not telling the Grand Jury the means and manner in which the witness recanted what was an otherwise unwavering proclamation of the Defendant’s alibi and innocence, was nothing short of a deliberate effort to mislead the Grand Jury – in addition to a violation of the Defendant’s due process rights,” the motion stated.

Merritt’s lawyers also cite the state knowing about a second phone Merritt used on a day-to-day basis that was never submitted.

[SLIDESHOW: Valley freeway shootings]

Merritt's lawyers are requesting the case be remanded back to a grand jury for a new probable cause determination to hear "all of the evidence."

The suspect has maintained his innocence the entire time.

[MAP of freeway shootings; Suspect linked to first four]

There is no word on when and if the new motion will be heard.

Merritt, who is being held on $1 million bond, is charged with four of the 11 freeway shootings that terrorized the Valley in August and September.

Merritt told a judge during his first court appearance in mid-September that authorities have “the wrong guy.”

Copyright 2015 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

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