Lindstrom's attorney: Prosecution must present evidence - - Tyler, Longview, Jacksonville |ETX News

Lindstrom's attorney: Prosecution must present evidence

Russel Lindstrom (Source: Smith County Jail) Russel Lindstrom (Source: Smith County Jail)
TYLER, TX (KLTV) - Russell Lindstrom appeared in court Friday afternoon for an evidentiary hearing. Lindstrom's defense attorney, Kurt Noell, argued he hasn't had enough access to all the evidence in Lindstrom's case. Noell told the court a grand jury proceeding is a “critical stage' in a case and, therefore, he needs to have access to all the evidence that will be presented to them. 

Two children, Bella Rose and her younger sister Zoey, were found in June locked in their family's truck. Bella Rose did not survive. Lindstrom, the girls' father, was watching the girls when the incident happened.

Prosecutors say they have not received the case from the sheriff's department and, therefore, do not have any further materials to hand over to the defense.

Noell says the sheriff's department has had evidence in their possession for at least one month.

He called Ben Bryant, a private investigator, to the stand. Bryant says he has subpoenaed various entities for evidence in Lindstrom's case. He says some of them have been returned, but others have not.

Noell took the stand himself to testify at the hearing. He says the grand jury should have the opportunity to hear from both sides when they are presented with Lindstrom's case. He says the indigent defense bill should allow equal access for discovery.

Prosecutors told the Court the motion should be denied because they've made every effort to give the defense any evidence they have. They say when they receive any more evidence, they will turn it over.

Noell persists there is still evidence they have not received. He says the state has a duty to get the evidence "as soon as practicable" to the defense.

Judge Kerry Russell says he needs to find out if 39.14, the statute under which Noell made his claim, is triggered after an indictment or if it applies in Lindstrom's case. Therefore, he took the issue under advisement.

Lindstrom appeared in court earlier in the day Friday. During that hearing, his bond was lowered. 

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