ORLANDO, Fla. - A former Orlando police lieutenant accused of killing his son has asked the judge to throw out some major evidence in the case.
Channel 9's Kathi Belich was in court on Monday when the state admitted that Apopka police had begun processing Timothy Davis Sr.’s house without a search warrant.
Surveillance video obtained by Channel 9 shows Davis getting a gun and immediately firing at his son, Timothy Davis Jr.
The defense said Davis's security camera kept recording and showed several officers milling about in Davis's house, one with a flashlight, before the search warrant was signed.
Apopka crime scene technician Nichole Dunn admitted she photographed the house after processing the garage.
“I did it after I was instructed to go in the house and photograph the scene, as it was prior to the search warrant,” Dunn said.
Lead detective Ruben Torres testified he didn't know Dunn did that, but the defense challenged him.
“No one told you, the lead detective, no one told you about anything,” asked defense attorney Michael LaFay. “They processed the whole crime scene behind your back?”
The defense also claimed police lied in the search warrant about what eyewitnesses saw.
Police used the warrant to get the damaging video, and the defense is trying to get it thrown out.
Davis admit he shot his son a year ago, but he claims it was in self-defense.
However, he said he “just lost it” the night of the shooting.
WFTV legal analyst Bill Sheaffer said the police work was sloppy, but it’s up to the judge to determine that.
“What may save the state in this case is that the police didn't intentionally mislead the judge,” said Sheaffer.
Judge Jenifer Davis will have to decide sometime this week whether to throw out the video as Davis’ stand your ground hearing is scheduled for Friday.
In that hearing, Davis will try to convince the judge to throw out the murder charge, so he won't have to face trial for second-degree murder next month.