Defense Raises Warrant Issue In Seth Emery Case

Tuesday, January 14, 2020 - by Joseph Dycus

Seth Martin Emery, 29, allegedly raped a woman in 2016. That was the same year he was charged with assaulting both an officer and attacking his pregnant wife within hours of each other. Defense attorney Steven Brown had filed a motion contesting the way Emery had been taken into custody, claiming the warrant was not justified because of the lack of probable cause.

Chattanooga detective Tyrone Williams took the witness stand to share his side of the story. He told Criminal Court Judge Tom Greenholtz he was in the room when Judge Poole signed the warrant. He also said he took DNA swabs from Emery’s mouth and shipped them off for testing. According to attorney Brown, he did not have a problem with how the warrant was obtained. Rather, he did not believe there was a reason to issue the warrant at the time it was issued.

“The warrant is insufficient because probable cause was not found by the magistrate,” said attorney Brown, who told Judge Greenholtz it was a purely technical issue, as they were not challenging the probable cause in fact.

Prosecutor Jason Demastus said the state was prepared to file a DNA sample, saying it would be “remedial” and something they often do in sexual assault cases. Judge Greenholtz then put the motion under advisement, and then set a plea deadline.

“I am putting the plea deadline off,” but Judge Greenholtz also added, “I would not like to continue litigation in such an old case.”

Judge Greenholtz then set the plea deadline for May 19, and told Emery that unless the state dropped the case, he would either plead guilty or finalize a trial date.

Emery also has another charge hanging over his head after he allegedly attacked a man with a sledgehammer a few days ago. Police said when the victim awoke, his wallet containing cash and credit cards was missing.

 


Latest Hamilton County Arrest Report

Latest Bradley County Arrest Report

AUDIO: County Commission Meeting 8/12/20


Here is the latest Hamilton County arrest report: ALVAREZ, VICTOR ESTEBAN 622 4TH AVE APT 2 DALTON, 30721 Age at Arrest: 20 years old Arresting Agency: Chattanooga RECKLESS ENDANGERMENT ... (click for more)

Click here for the latest Bradley County arrest report. (click for more)



Breaking News

Latest Hamilton County Arrest Report

Here is the latest Hamilton County arrest report: ALVAREZ, VICTOR ESTEBAN 622 4TH AVE APT 2 DALTON, 30721 Age at Arrest: 20 years old Arresting Agency: Chattanooga RECKLESS ENDANGERMENT THEFT OF PROPERTY TRAFFIC CONTROL SIGNALS VIOLATION DRIVING LEFT OF CENTER LINE IMPROPER TURN (MOTOR VEHICLE) RECKLESS DRIVING FINANCIAL RESPONSIBILITY DRIVING WITHOUT DRIVERS ... (click for more)

Latest Bradley County Arrest Report

Click here for the latest Bradley County arrest report. (click for more)

Opinion

PILOTs In The Pandemic Period

The COVID-19 pandemic has changed almost everything. But there are a few exceptions. One exception is how easy it still is for a company to get a Payment-in-Lieu-of-Tax (PILOT) Agreement from Hamilton County. On Wednesday at the Hamilton County Commission agenda meeting, commissioners and the county mayor appeared enthusiastic about approving a property tax break for Southern ... (click for more)

Roy Exum: ‘Sea To Shining Sea’

If you were to poll the most travelled among us, Portland, Ore., would be among the finalists on every list as “The Most Beautiful City” in the United States. Yet, today, it is a run-away choice as the ugliest in America. For over two-and-half months the state capital has unwillingly hosted a full-fledged riot almost every night. Two weeks ago, the city’s now-despicable mayor, leftist ... (click for more)

Sports

Lee University Postpones Basketball, Soccer, Volleyball Until At Least Jan. 1

Lee University in partnership with the Gulf South Conference will postpone competition in basketball, soccer, and volleyball until at least Jan. 1. These sports are identified as high contact risk sports by the NCAA and are subject to significant testing requirements for all student-athletes and "inner bubble" personnel. Three significant factors helped the conference ... (click for more)

Covenant Postpones All Fall Sports

The USA South Athletic Conference announced that it is postponing fall sports competition due to the impact of the COVID-19 pandemic. The presidents of the USA South voted unanimously to postpone all fall sports conference competition until the spring 2021 semester. The USA South sports impacted are football, men's soccer, women's soccer, volleyball, men's cross country, and ... (click for more)