Ewings call for evidence to be tossed
Dec. 3—The father and son accused of the January first-degree murder of Samuel Johns in Lewiston are claiming the search and arrest warrants law enforcement used against them were bogus, and allegedly incriminating evidence seized must be kept out of their trial.
Second District Judge Jay Gaskill said he would take the issue under advisement after listening to lengthy arguments Thursday from defense attorneys Rick Cuddihy, who represents 43-year-old Clyde Ewing, and Lawrence Moran, who represents 16-year-old Demetri Ewing.
Both attorneys said law enforcement investigators misrepresented the evidence they had leading up to the Jan. 12 arrest of the Ewings in Clarkston and the subsequent search of their room at the Hacienda Lodge on Bridge Street. And that meant they didn't have probable cause to search for and seize the evidence police say ties the Ewings to the crime.
"We're pretty lucky in America that we have probable cause," Cuddihy said. "That is the cornerstone of our justice system. The definition of probable cause defines where the state's case fails. Probable cause is suspicion plus facts and circumstances that would lead a reasonable person to believe that a crime has occurred and that the defendant committed it. And, finally, that certain incriminating evidence would be located in a particular place."
Specifically, Cuddihy said, the police affidavit submitted to judges in Asotin and Nez Perce counties to justify the issuance of the warrants was largely based on mere suspicions expressed by the Ewings' family members that Clyde and Demetri Ewing killed Johns. And those same family members were involved in a dispute over a stolen gun and bag that may have caused them to point the finger at the Ewings, he said.
"I don't care what the family members believe," Cuddihy said. "That's not probable cause."
Investigators allege that the dispute may be what led to the shooting in the early morning of Jan. 8 at Johns' Seventh Avenue residence in Lewiston. According to Lewiston police, the Ewings allegedly rode bicycles there from the Hacienda and invaded the home while wearing dark clothing and masks.
Once inside, they allegedly shot Johns to death in his living room, then fled the scene. No murder weapon has been found, but the prosecution has presented evidence from video surveillance cameras that allegedly tracks two individuals from the Ewings' Bridge Street motel room in Clarkston to the vicinity of Johns' residence at the time of the shooting, and then back to the motel.
Cuddihy also took issue with that evidence, which he has also asked the court to suppress. He said it is impossible to identify the individuals in the clips. He also accused investigators of misleadingly stating that surveillance video from the Hacienda showed the Ewings leaving and returning to room 126, when the view of the room is blocked by a vehicle.
Other witnesses on which police rely in the affidavit may have been in the house during the shooting, but saw nothing to support the allegation that the Ewings were the perpetrators, he said. And the items requested in the search warrant application were overly broad, when the law requires that police name specific, incriminating items they want to seize.
In response, Chief Criminal Deputy Nez Perce County Prosecutor April Smith noted that two different judges determined there was probable cause to issue the search and arrest warrants. She also said the law allows investigators to draw reasonable inferences to establish probable cause, which they did to convince the judges that it was likely that the Ewings were responsible for Johns' death.
As to the credibility of the Ewings' family members, Smith said they are known informants to law enforcement, and would therefore suffer consequences for making any false statements. Cuddihy asked for a hearing for the court to determine whether any investigators made any misrepresentations in their warrant applications, but Smith asked Gaskill to also deny that request.
Demetri Ewing is being tried as an adult, and his case has been joined with his father's. Their trial is scheduled to begin Feb. 7. The prosecution is not seeking the death penalty, but the Ewings could face life in prison if convicted.
Mills may be contacted at jmills@lmtribune.com.
