Motion denied in capital murder trial

CHESAPEAKE, Va - Accused killer Ryan Frederick walked back into a Chesapeake courtroom Monday. His defense team wanted the judge to rule the search warrant executed at Frederick's home on January 17, was invalid.

The search warrant led detectives to Frederick's house looking for drugs nearly a year ago. Police say once they were inside, Frederick shot and killed Detective Jarrod Shivers. Frederick is now charged with Capital Murder. But his attorney said the magistrate never should have issued the search warrant.

James Brocoletti referred to a recorded conversation between detectives and Frederick the night of the shooting. Broccoletti argued the audio recording proved police knew someone had burglarized Frederick's home - and he implied detectives knew because their confidential informant was the burglar.

"If the magistrate had been told the informant burglarized the home, had stolen some plants, the informants reliability would have been an issue," Broccoletti told the judge.

Special prosecutor Paul Ebert said the argument was not valid.

"...Nor is there anything the Commonwealth is aware of in this entire case that would suggest that the police were aware - or that the informant mentioned in the affidavit was involved in any way in the break-in at the defendants garage," Ebert said.

The judge denied the motion. She also said the defense had no legal right to see a re-enactment video police made at Frederick's home, because it's not being used as evidence.

There was one point where the prosecution, defense, and judge all agreed.

Early next month, potential jurors will fill out basic questionnaires ahead of the scheduled January 20 trial date. That move is supposed to speed up the jury selection process.