Defense seeks to keep out suspect's cell phone records

A pretrial conference is scheduled for June 13.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
AKRON -- Defense attorneys don't want jurors to hear about the cellular telephone records of Damian Bradford on the day a Hermitage, Pa., urologist was killed on the Ohio Turnpike.
Bradford's attorneys filed a slew of pretrial motions late last week in U.S. District Court in an effort to suppress evidence, get notes and reports from investigators and even have Bradford's trial moved.
Bradford, 24, faces federal charges of interstate stalking and using a firearm during a crime of violence in the May 13, 2005, shooting death of millionaire urologist Gulam Moonda, 69, on the Ohio Turnpike near North Royalton in Cuyahoga County.
Moonda's wife, Donna, and her mother were in the car when the trio pulled over to switch drivers and Dr. Moonda was shot. The women were not hurt.
According to court documents, prosecutors obtained cellular telephone records of Bradford and Donna Moonda from Dec. 1, 2004, through May 24, 2005, through a Cuyahoga County grand jury.
Court papers said prosecutors intend to illustrate calls and text messages made by the two on the day of the killing through a power point presentation at trial.
What's in dispute
Defense attorneys say that information would violate Bradford's constitutional rights because the records were obtained without a proper search warrant.
Authorities have contended that Bradford and Donna Moonda were lovers. She has not been charged in her husband's death.
Defense attorneys contend that the government is using cell phone information as a "tracking device" and is asking U.S. District Court David Dowd Jr. to suppress it.
Defense attorneys have also asked that the upcoming July 24 trial be moved to Youngstown or Cleveland because of intense pretrial publicity in the Akron area.
They have also asked to look at any other evidence including copies of taped police recordings of an interview with Bradford, inventory taken from search warrants of a black Land Rover and information about text and telephone records for Bradford and Donna Moonda.
Attorneys are expected to appear before Dowd at 1 p m. June 13 for a pretrial conference to go over these matters and others.
cioffi@vindy.com