Judge rejects efforts to toss out high-profile murder case due to negative publicity
Judge rules Lyndon Wiggins murder trial will move forward
A judge rejected arguments on Tuesday that the murder trial of Lyndon Wiggins should be thrown out over negative publicity, and a jailhouse drug investigation involving the trafficking of fentanyl-soaked paperwork.
MINNEAPOLIS (FOX 9) - A Hennepin County Judge rejected defense arguments to dismiss the murder case against Lyndon Wiggins because of negative publicity.
Sarah Gad drug investigation
What we know:
The case has been linked to a jailhouse drug investigation involving the trafficking of fentanyl-soaked paperwork behind bars.
Wiggins’ defense attorney, Sarah Gad had her home, and a cell phone searched as part of the probe. On Tuesday, Gad argued the murder case should be tossed out.
On Tuesday, Gad delivered fiery oral arguments on why the Lyndon Wiggins murder case should now be tossed out.
Gad went after the state for conducting a public "smear campaign," describing the search of her home and any suggested connection to drugs, as a "brazen violation." Gad maintained the only remedy now is a full dismissal of the charges.
The backstory:
Wiggins was previously convicted for his role in allegedly masterminding the brutal murder of Monique Baugh, who was tortured and left for dead in a north Minneapolis alley. Wiggins was serving a life sentence in prison when his case was overturned on appeal. The Hennepin County Attorney’s Office is now retrying him on the same charges.
As the FOX 9 Investigators reported last month, Wiggins’ case took a dramatic twist when law enforcement obtained court-signed search warrants to search Gad’s home and a cell phone of hers in connection to a jailhouse drug investigation that suggested Wiggins was obtaining drugs while in jail — potentially through an attorney.
Those allegations focused on paperwork laced with drugs worth big money in lock-up as inmates can rip off pieces and put them under their tongue for a high.
The search warrant states that it is unknown "if Gad is a middle person, an unknowing participant or organizer" of the alleged scheme.
Attorney's home searched in jailhouse investigation
Search warrants reveal investigators recently searched the home of a Minnesota criminal defense attorney, after her clients obtained legal paperwork in jail laced with cocaine and fentanyl. The attorney is not charged with a crime and called the suspicion "baseless."
What they're saying:
While the investigation into the alleged jailhouse drug seizure remains ongoing, a spokesperson for the Hennepin County Attorney’s Office said no case file has been submitted for review.
Gad, who has never been charged with any crime connected to drug smuggling, has denied all involvement, calling out the investigative tactics of law enforcement in obtaining the search warrants. She previously stated in an email to the FOX 9 Investigators that she "would never engage in such conduct."
Her February statement continued, "I remain at a loss for how my legitimate legal work was misinterpreted as drug smuggling, particularly given my decade-long advocacy for expanding addiction treatment in correctional facilities as a means to combat the opioid crisis."
Prosecutors objected to the motion to dismiss the Wiggins case, arguing that a vigorous jury selection process will ensure Wiggins eventually receives a fair trial even with the media attention his case has garnered.
What's next:
Hennepin County District Assistant Chief Judge Mark Kappelhoff rejected Gad’s dismissal motion, explaining in court that if Derek Chauvin can get a fair trial in Minnesota in the murder of George Floyd under far more intense media attention and scrutiny, Lyndon Wiggins can get a fair trial in the murder of Monique Bough.
Wiggins is expected back in court for a hearing next month as his case moves towards a second trial.
A date for the retrial has not yet been set.