Motions Filed in Accused Serial Rapist Trial - KULR-8 Television, Billings, MT

Motions Filed in Accused Serial Rapist Trial

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Defense attorneys and state prosecutors in the case involving the accused Billings serial rapist filed motions that can change the course of the trial.

Multiple motions filed by the Defense would suppress evidence from the trial, split up the alleged rapist's charges, and change the trial venue.

Toby Griego's attorneys filed a motion to suppress evidence from the trial, including a voice recording of the alleged rapist, and evidence from his past crimes in New Mexico. Prosecutors are objecting to the motion.

In the motion, the Defense writes one of the victims said she couldn't identify what her attacker looked like, but could recognize his voice. It then says, after detectives focused on Griego as a suspect, police played a recording for the victim, and the only voice on the recording was Griego's. Griego's attorney argues the recording was made without advising Griego of his right against self-incrimination.

The Defense filed another motion to change the trial venue because media coverage "has inflamed the prejudice of the community." The brief included nearly 50 pages of news articles on his case.

Griego has been connected to the rapes of five Billings women over the summer, and faces 40 charges, including attempted sexual intercourse without consent and aggravated kidnapping. Billings Police say a sixth victim was assaulted and they are trying to connect the sexual assault to Griego.

Because of that and because the State hasn't completed DNA testing of evidence, prosecutors filed a motion too seeking a delay in the start of the trial from mid-January to early March.

The motions and a change of venue are scheduled to be discussed in District Court before Judge Fagg on January 10th.