Marcus Wade, 43, of Winchester is accused of murdering Timothy Wayne Gill, 34, of Winchester and Richard Wayne Elliott, 50, of Estill Springs Oct. 31, 2010 in a room in a Tullahoma motel.
Attorney Bobby Carter asked that the statements Wade made during questioning by TBI agent Kendall Barham and former Tullahoma Police investigator Jason Kennedy not be admitted during the trial. Carter argued during a motion hearing that Wade asked for an attorney but that the investigators continued to question him.
Assistant District Attorney Marla Holloway played 48 minutes of the interview that started with the investigators reading him his rights. Carter alleged that his client asked for an attorney.
After listening to the DVD of the interview, Coffee County Circuit Court Judge Craig Johnson stated that he would take the DVD into his chambers and listen to it before making a ruling.
There was also mentioning that some of the crime scene and autopsy photos might be prejudicial in the case.
Carter also expressed concerns that the prosecution might introduce evidence that Wade has affiliation with the gang Vice Lords. The prosecution introduced Korey Cooper from the Tennessee Department of Corrections security threats (gangs). Documents were introduced that the department has records that show Wade as a member of the gang. Carter felt that such evidence could be prejudicial, but no ruling was issued. The judge designated Cooper as an expert witness. He is expected to testify during the trial.
Carter informed the judge that he planned to submit written arguments in the case and Judge Johnson told both sides that he would review the arguments and issue and ruling.
Other arguments are expected to be presented Feb. 11, which is the day before the trial begins.
The trial is expected to last between seven to ten days. A jury will be chosen from some 50 potential jurors.
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