Lawyers want police statement thrown out for texting suicide case

TAUNTON, Mass. — Prosecutors fought to save their case against a 20-year-old woman accused of sending her boyfriend text messages encouraging him to kill himself.

Michelle Carter's attorney has filed court motions arguing police illegally obtained evidence, and he wants it tossed out.

Prosecutors say Carter was 18 years old when she was first questioned by police and that detectives followed the letter of the law while they investigated her boyfriend's suicide.

Carter's attorney says police mishandled the case and are now even missing a piece of evidence.

Defense attorney Joe Cataldo said the only crime committed was by police, who he says illegally obtained text messages from his client. Prosecutors have said those texts proves Michelle Carter was responsible for another teen's death.

"I think the jury will get that fact loud and clear, that this is a young man who wanted to take his own life and did take his own life," said Cataldo.

Carter is accused of involuntary manslaughter in the death of her former boyfriend, Conrad Roy. Prosecutors say in 2014, carter convinced Roy, who struggled with mental health issues, to kill himself through a series of text messages. Investigators said Carter was even on the phone with Roy - as he committed suicide.

Carter's attorney says detectives bungled the case by failing to read Carter her Miranda Rights before interrogating her at her high school.

The defense also says the investigators illegally obtained the passwords to carter's phone and computer - where police say they found the incriminating text messages. Carter's attorney one piece of evidence he does want to see is the water pump Roy attached to his truck to ingest carbon monoxide.

He told a judge the prosecution returned it to Roy's family - and now, it's missing.

"The government gave the so-called homicide weapon if you will, back to the family. It's crazy, you just don't do that, prosecution," he said.

The judge says he will rule on the Friday's motions before the trial begins, likely in January.

Cox Media Group