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To: Brian S. Fitzgerald
"coorperative witness"? How much evidence gets thrown out?

http://www.jdnews.com/news/laurean_54622___article.html/christina_lauterbach.html

Laurean's wife's attorney says sheriff needed warrant

BY LINDELL KAY

January 25, 2008 - 10:51AM

DAILY NEWS STAFF

Onslow County Sheriff Ed Brown did not have permission to conduct a tour of Cesar Laurean’s property with the host of a national TV news show, according to Christina Laurean’s attorney.

Marine Cpl. Cesar Laurean was indicted Thursday on first-degree murder charges in the death of Lance Cpl. Maria Lauterbach. Lauterbach was pregnant, had accused Laurean of rape and had said at one time that Laurean was the father of her unborn child. She disappeared Dec. 14; investigators say she was killed that day.

Lauterbach’s charred and buried remains were found in the back yard of 103 Meadow Trail, the Laureans’ home.

Brown conducted a videotaped walk through Monday of the Laureans’ home in the Half Moon community with Greta Van Susteren for a segment that aired Monday night on the Fox News show “On the Record.” The show was viewed by an estimated 2 million people.

Yellow tape posted to designate a crime scene and protect the integrity of any evidence was removed Jan. 15.

The Daily News requested a similar tour of the crime scene with investigators that was deferred Tuesday by the Sheriff’s Department. When approached again Thursday by The Daily News for a tour, representatives with the Sheriff’s Department said they had been contacted by Christina Laurean’s attorney and asked not to go onto the Laurean property again without consent or a search warrant.

Jacksonville attorney Christopher Welch, who represents Christina Laurean, said he did not want to talk about particulars, but he did not think the Sheriff’s Department belonged on the Laureans’ property without a search warrant.

Christina Laurean’s attorney told the Sheriff’s Department that any consent given by Christina Laurean to search the property around the time Lauterbach’s body was found had lapsed, and authorities would need a search warrant to enter the property again, said Capt. Rick Sutherland.

During the tour with Van Susteren, Brown discovered a tennis shoe near the back door of the garage where investigators say Lauterbach was killed. He noticed a stain on the sole of the shoe that may have been blood and notified his investigators, who subsequently obtained a search warrant and picked up the shoe.

The shoe will be sent to the State Bureau of Investigation crime lab in Raleigh for testing, Brown said Thursday.

The shoe appears to be a match for a shoe shown in a picture of the garage that was taken when investigators first arrived on the scene Jan. 11.

Christina Laurean knew that Lauterbach was dead and that her husband had buried the body at least a day before she went to authorities on Jan. 11, according to an affidavit attached to a search warrant.

Investigators released photographs Monday that they say show an attempt by Cesar Laurean to cover up blood stains in the garage with brown paint. Surveillance footage shows Cesar Laurean buying paint and other supplies Dec. 16 — two days after they say Lauterbach was killed.

Neighbors have told The Daily News that Christina Laurean helped paint the living room of the house in late December and told them the couple planned to paint the garage next.

Authorities continue to call Christina Laurean a cooperating witness.

Contact police reporter Lindell Kay at lkay@freedomenc.com or 910-554-8534.

2,054 posted on 01/25/2008 11:37:49 AM PST by Brian S. Fitzgerald ("We're going to drag that ship over the mountain.")
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To: Brian S. Fitzgerald

****representatives with the Sheriff’s Department said they had been contacted by Christina Laurean’s attorney and asked not to go onto the Laurean property again without consent or a search warrant.****

Oh yeah - she’s a take charge kinda gal!


2,056 posted on 01/25/2008 12:24:42 PM PST by sodpoodle (Ike - overlooked & underrated - golfing over a golden age.)
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To: Brian S. Fitzgerald

.....Laurean’s wife’s attorney says sheriff needed warrant....

Well....I didn’t see any no trespassing signs and wanted to get out and walk around. Wonder if this includes a private individual who might want to just lay a flower/flag at the point where she was last.


2,058 posted on 01/25/2008 12:47:33 PM PST by Lyn_2IDMom
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To: Brian S. Fitzgerald; sodpoodle; Lyn_2IDMom
"coorperative witness"? How much evidence gets thrown out?

I'd count on that shoe evidence getting thrown out. If the substance on the sole was blood and can be verified they were Cesear's, that was one more link to him having committed the murder. I don't understand why the sheriff didn't know he needed a search warrant. Wonder where the shoe came from? The only thing I can figure is a dog had picked it up, then brought it back.
2,059 posted on 01/25/2008 1:13:03 PM PST by Girlene
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