Motions Heard In Strangling Death

Thursday, July 11, 2019 - by Joseph Dycus

A Chattanooga man accused of murder has an issue with the format of video evidence that supports a case against him.

 

Mark Eric Howard, 55, allegedly strangled Jeanette Scholten in a hotel room in 2016. Some of the evidence includes text messages and video from security cameras.

 

Howard’s attorney, Zachary Newman, filed several motions with Judge Don Poole.

One of those was requesting to see the police notes from the investigation, something the prosecution does not believe he is entitled to see.

 

Another issue Mr. Newman had was the way the video evidence was handled. According to the attorney, the video was split up into hundreds of sections, and appeared disjointed and out-of-order.

 

One of the witnesses was Mark Hamilton, an electronic evidence technician for the Chattanooga Police Department. According to Mr. Hamilton, he took video from the hotel, put it on a hard drive, and then transferred the video to an archival blue-ray DVD.

 

When asked about why the video had gaps in it, he explained the cameras were “on motion,” which meant it would only record when certain visual criteria were met.

 

“There’s no way to know if it’s complete,” said the technician, “It’s on motion. It records when it feels like it.”

 

Mr. Hamilton said the state has the complete video file, even though it has been broken up for the convenience of those investigating the case.

 

He also told the court that he pulled the texts from Scholten’s cell phone too. He placed it in an isolated place, and just pulled all of the data off of the machine. He stressed he did not alter the state of the phone in any way.

 

Lucas Fuller was the other witness. As an investigator with the police department, he was one of the officers who was tasked with viewing the video. According to Mr. Fuller, he was one of six investigators charged with watching over the video footage.

 

Mr. Fuller said he watched only a portion of the full video, since it was unreasonable to expect one person to watch the entire 48 hour video. The rest of his testimony matched up with what Mark Hamilton said.

 

After listening to what was said, judge Don Poole did not make a ruling on these motions. He set an Aug. 27 date for any more hearings on motions the defendant would like to see through. The trial date is Oct. 1.

 

 


Man Convicted For 2nd Rape Ordered To Begin Serving 10 Years For First Rape

City Officer Suffers Hand Injury As Motorist Speeds Off In Early Morning Incident On W. 25th Street

Lorie Collier Named New Principal At Calvin Donaldson Environmental Science Academy


A man who has been convicted of two rapes was ordered on Monday to begin serving a 10-year sentence on the initial rape from 2016. Anthony Vance, 56, had been given a suspended sentence on ... (click for more)

A Chattanooga Police officer suffered a hand injury when a motorist sped off early Monday morning on W. 25th Street near Williams Street. Officers had been speaking to the driver of a yellow ... (click for more)

Hamilton County Schools has selected Lorie Collier to be the new principal at Calvin Donaldson Environmental Science Academy. Ms. Collier joins Hamilton County Schools from Knox County Schools ... (click for more)


Breaking News

Man Convicted For 2nd Rape Ordered To Begin Serving 10 Years For First Rape

A man who has been convicted of two rapes was ordered on Monday to begin serving a 10-year sentence on the initial rape from 2016. Anthony Vance, 56, had been given a suspended sentence on the earlier case. He will be sentenced on the second rape from Jan. 3, 2018, next Monday. A portion of that sentencing hearing was held on Monday. Prosecutor Miriam Johnson said Vance ... (click for more)

City Officer Suffers Hand Injury As Motorist Speeds Off In Early Morning Incident On W. 25th Street

A Chattanooga Police officer suffered a hand injury when a motorist sped off early Monday morning on W. 25th Street near Williams Street. Officers had been speaking to the driver of a yellow Ford Mustang when he suddenly drove off. His side mirror hit the officer's hand so hard that it bent the mirror. The vehicle hit a nearby tree and utility pole. The driver then got out ... (click for more)

Opinion

Would Foreign Teachers Make Better Instructors For Inner-City Students? - And Response

It seems a week doesn't go by, sometimes more in one week, without Roy or someone writing some coded messages denigrating inner-city schools and the students (using another code-hint hint) that attend inner-city schools. Which reminded me of something from decades ago about teachers from foreign countries perhaps making better instructors for inner city students. At least those ... (click for more)

Roy Exum: Let’s Start With Truth

By all accounts the public schools in Chattanooga and Hamilton County are far from what the average taxpayer would want them to be. Our schools are our number one priorities, this easily reflected by the fact they now receive over 60 percent of the total county budget -- the most money ever allocated to public education in history -- and the unbridled desire of our booming area ... (click for more)

Sports

UTC Soccer Records Another Shutout At Citadel

The Chattanooga women’s soccer team earned a record-tying eighth shutout with a 2-0 win over The Citadel Sunday afternoon in Southern Conference action at the Washington Light Infantry Field. The Mocs improve to 8-4-3 on the year and 3-2-1 in league action. The Citadel falls to 5-6-2 overall and 1-4 against the conference. The Mocs matched a school record eight shutouts set ... (click for more)

Dan Fleser: 91-Yard Drive Was UT Highlight

KNOXVILLE – Of all the work that went into Tennessee’s first SEC football victory in 11 months, Jeremy Pruitt seemed to linger over one achievement in particular. The 91-yard touchdown drive in the fourth quarter that clinched the Vols’ 20-10 victory over Mississippi State was the best combination of execution and effort. It drew first mention by UT’s coach on Monday, in advance ... (click for more)