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Attorneys in the Brunswick baby murder fight over defense discovery motion

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Updated: 8/08/2013 8:37 pm
BRUNSWICK, Ga. -- Attorneys in the Brunswick baby murder are battling in court over a defense motion for discovery.

Defense attorneys for De'Marquise Elkins filed a motion Monday, asking that the judge in the case allow evidence to be collected from storm drains and sewer lines as part of the proper search of a crime scene for evidence of firearms and spent shell casings.

Defense attorneys argue in the motion that baby Antonio Santiago's mother, Sherry West, is mentally unstable and gave inconsistent accounts of how the murder of her 1-year-old happened. Elkins' attorneys say West had a financial interest in the death of her son due to an insurance policy. 

Defense attorneys say the crime scene investigation was conducted incorrectly; specifically where the child was found by the first responders rather than the nearby location around the corner where West says the shooting actually took place. 

Elkins' attorneys argue investigators overlooked the storm/sewer line because an officer parked his patrol car over the drain cover. They say this area is important to the case because Sherry West could have concealed and or disposed of a murder weapon and spent shell casings without leaving the scene of the crime. 

Prosecutors have responded to the defense motion for discovery, saying the court should not grant the motion because Elkins and his attorneys have cited no authority, or expert in an official capacity, that would allow the Court to conduct an inspection of the storm and sewer drainage system. 

Prosecutors said in their motion, "The state submits that Elkins' latest motion has moved far beyond the scope of any permissible and reasonable discovery, wasting both the time of the state and court."

The judge in the case has not yet ruled on the defense motion for discovery. 

De'Marquise Elkins is expected to stand trial for the murder of Antonio Santiago on Aug. 19 in Cobb County.

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nataliehill420 - 9/6/2013 2:35 PM
0 Votes
my best friend's ex-wife makes $67 every hour on the internet. She has been unemployed for nine months but last month her income was $14860 just working on the internet for a few hours. check this link right here now..... w­w­w.D­A­Y­3­5.C­o­m

Dremwolf - 8/9/2013 3:47 AM
0 Votes
Realchange where did you read that it as not? So far I have not seen anything that has been released if testing has determined if it was or was not the murder weapon.

nativejax - 8/8/2013 4:54 PM
0 Votes
Its these thug lovin lawyers trying to get a mistrial so the thugs can stay where they live, in the streets, to shoot more infants between the eyes. 'POOR little Elkins boy...he had a poor upbringing, so it had to be the mom and dad that shot this child'. Alan T. is mudsucking, brown nosing, whimp.

king kaos - 8/8/2013 3:49 PM
0 Votes
Well lets see there you slimy scum "lawyers"... the reality is if someone shot and killed ANY of my kids in front of me I would be a bit "unstable" and my mind, in a defensive move of its own, would most likely try to do anything it could to make the image and that period of time disapper... Demaquirnardano Elkins is evil incarnate and needs to be put to death in as slow and painful a way as possible. This in my opinion is to deter future baby killers AND make this one suffer as much as possible. Poor little angel Antonio, it still brings a tear to my eye, a lump in my throat and an ache in my heart anytime I think of this poor little guy or his family. I must admit it also brings up a bit of rage and makes it hard for me to not wish instant death on ANYONE who brings any undue harm on ANY child.

c9bcrewman - 8/8/2013 2:31 PM
0 Votes
shoot him in the head or fry them punk's with 200,000 volt's.

Realchange - 8/8/2013 2:27 PM
0 Votes
Since the murder weapon has not been found then it should be checked. Last I read the gun recovered from the lake was not the murder weapon. Why would the prosecution now want to find the murder weapon? It boggles the mind.
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