Lindstrom's attorney: Prosecution must present evidence - KLTV.com - 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. 

Copyright 2014 KLTV. All rights reserved.


  • NewsMore>>

  • Sports WebXtra: UT-Tyler hosts special Olympics

    Sports WebXtra: UT-Tyler hosts special Olympics

    Tuesday, March 28 2017 12:13 AM EDT2017-03-28 04:13:30 GMT
    UT-Tyler athletics hosting special olympics on Monday night.UT-Tyler athletics hosting special olympics on Monday night.

    The UT-Tyler Student Athlete Advisory Committee hosted its second annual special Olympics with swoop on Monday night. Numerous Patriot athletes took time out of their normal practice and school routine to participate in the event and give kids a night of fun they normally don't experience.

    More >>

    The UT-Tyler Student Athlete Advisory Committee hosted its second annual special Olympics with swoop on Monday night. Numerous Patriot athletes took time out of their normal practice and school routine to participate in the event and give kids a night of fun they normally don't experience.

    More >>
  • Chapel Hill officially hires Jason Hooker

    Chapel Hill officially hires Jason Hooker

    Tuesday, March 28 2017 12:08 AM EDT2017-03-28 04:08:51 GMT
    Jason Hook officially hired at Chapel Hill.Jason Hook officially hired at Chapel Hill.

    A new era of Chapel Hill football will begin this fall. Jason Hooker's hiring became official at Monday night's CHISD board meeting. Hooker, who comes over from Brownsboro, is replacing Thomas Sitton as head coach and athletic director.

    More >>

    A new era of Chapel Hill football will begin this fall. Jason Hooker's hiring became official at Monday night's CHISD board meeting. Hooker, who comes over from Brownsboro, is replacing Thomas Sitton as head coach and athletic director.

    More >>
  • Sports WebXtra: Blake Lynch impressing during Baylor spring practices

    Sports WebXtra: Blake Lynch impressing during Baylor spring practices

    Tuesday, March 28 2017 12:02 AM EDT2017-03-28 04:02:09 GMT
    Matt Rhule is excited about Lynch's progress.Matt Rhule is excited about Lynch's progress.

    Former Baylor standouts Mount Pleasant product KD Cannon and Linden-Kildare native Shock Linwood will get their chance on April 5th to workout in front of NFL scouts and personnel during the Bears Pro Day. In the meantime, new head coach Matt Rhule is trying to lay the foundation of a program that can compete for a Big 12 title in 2017

    More >>

    Former Baylor standouts Mount Pleasant product KD Cannon and Linden-Kildare native Shock Linwood will get their chance on April 5th to workout in front of NFL scouts and personnel during the Bears Pro Day. In the meantime, new head coach Matt Rhule is trying to lay the foundation of a program that can compete for a Big 12 title in 2017

    More >>
Powered by Frankly