Whether two cell phones could be used as evidence in the trial against Eugene Burns was the topic of much debate days before Burns heads to trial.
Burns is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside of a home or business, obstructing justice and threatening to kidnap or injure, when he allegedly killed Onyekachi Osuchukwu III on November 15, 2015.
In Burns’ pre-trial hearing, the government and defense also went back and forth over whether it should be mentioned that the defendant was on pre-trial release when he was arrested.
The defense argued that both of the Burns’ phones were obtained illegally, because Burns spoke with detectives while not formally being under arrest, but was told he couldn’t leave until he turned over his phone. The judge decided that both phones could be used as evidence.