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.