MANKATO – The attorney for former Lake Crystal girls basketball coach Steve Campbell is asking the court to throw out evidence and dismiss all five counts of criminal sexual misconduct.
Campbell is accused of having a sexual relationship with a female player last September and October.
Attorney James Fleming is also asking for a change of venue due to pretrial publicity.
There are four parts to Fleming's motion filed in Blue Earth County District Court.
Fleming is seeking to suppress all evidence obtained as a result of the search of Campbell's pickup truck. The motion claims there was no probable cause for the search.
They are also seeking to suppress Campbell's statement provided to the Blue Earth County Sheriff's Department. Fleming claims Campbell was not given a "sufficient and/or proper Miranda warning." In the motion, Fleming writes that Campbell did not knowingly and voluntarily waive his right to remain silent.
In asking for all five counts of 3rd Degree Criminal Sexual Conduct to be dismissed, Fleming argues that Campbell was not in a position of authority over the female victim in the months of September to October 2010, the time period where the "acts of intercourse" are said to have happened.
They are also seeking a change of venue, citing excessive pretrial publicity generated by County Attorney Chris Rovney's comments to the media following a January3, 2011 court hearing. Fleming cites Rovney's opinion on Campbell's guilt. Fleming has asked the judge to order all parties from discussing this case with the media until the matter is concluded.
Campbell is accused of having a sexual relationship with a female player last September and October.
Attorney James Fleming is also asking for a change of venue due to pretrial publicity.
There are four parts to Fleming's motion filed in Blue Earth County District Court.
Fleming is seeking to suppress all evidence obtained as a result of the search of Campbell's pickup truck. The motion claims there was no probable cause for the search.
They are also seeking to suppress Campbell's statement provided to the Blue Earth County Sheriff's Department. Fleming claims Campbell was not given a "sufficient and/or proper Miranda warning." In the motion, Fleming writes that Campbell did not knowingly and voluntarily waive his right to remain silent.
In asking for all five counts of 3rd Degree Criminal Sexual Conduct to be dismissed, Fleming argues that Campbell was not in a position of authority over the female victim in the months of September to October 2010, the time period where the "acts of intercourse" are said to have happened.
They are also seeking a change of venue, citing excessive pretrial publicity generated by County Attorney Chris Rovney's comments to the media following a January3, 2011 court hearing. Fleming cites Rovney's opinion on Campbell's guilt. Fleming has asked the judge to order all parties from discussing this case with the media until the matter is concluded.