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Judge turns down defense request in Tucson kidnapping case
08:47 AM MST on Tuesday, June 10, 2008
TUCSON, Ariz. (AP) -- A Tucson judge has said no to a defense request for another grand jury to consider whether a suspended University of Arizona law student and former local beauty queen should be charged in the alleged assault of an ex-boyfriend.
Monday, Pima County Superior Court Judge Richard Nichols heard the request and later issued a ruling denying a grand jury remand for Kumari Fulbright, 26.
Fulbright has been accused of getting Robert Arthur Ergonis, 45; David Wayne Radde, 44; and Larry Bruce Hammond, 40, to restrain and threaten the alleged victim because he allegedly pawned jewelry belonging to Fulbright to pay a $16,000 drug debt, police and court records show.
Fulbright, 25, allegedly threatened the victim with a gun and held a large knife to his head, saying she'd "ram it into his brain," court records show.
Fulbright's defense attorney, Stephen M. Weiss, argued the state held back evidence from the grand jury that Fulbright might not have participated in the alleged crime.
Weiss argued grand jurors never heard evidence that questioned the credibility of the alleged victim.
Assistant Attorney General Kim Ortiz countered that inconsistencies in the statements of the alleged victim and co-defendants made should be something for a jury to consider at trial and didn't taint the indictment process.
A trial date has not been set.
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Information from: Tucson Citizen, http://www.tucsoncitizen.com
© 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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