Judge David Reich denied a request to suppress evidence in Chad Isaak’s case after a hearing in Morton County on July 1.
Isaak is accused of killing four people in April of 2019 at RJR Maintenance and Management in Mandan.
Judge Reich’s ruling filed Thursday says the state resists the motion, arguing “Isaak has not provided any evidence or made a substantial preliminary showing that law enforcement knowingly, intentionally, or with reckless disregard for the truth included false information in the affidavits in the support of the search warrants.”
The motion to suppress evidence, filed in November, includes throwing out searches done of Isaak’s vehicle, which the defense says was not done with probable cause. Isaak’s lawyers add this “tainted evidence led to a chain reaction of evidence” in the case.
One statement in the search warrant Isaak’s lawyers brought into question was a Mandan Police Detective’s statement that said, “while exiting the building, the attacker is observed wearing dark-colored clothing on RJR video surveillance.”
Isaak’s lawyers say the claim is “demonstrably untrue as the surveillance video from RJR shows the attacker was still wearing orange headgear and an orange top while exiting the building.”
The court reviewed photos taken from RJR surveillance video, submitted by Isaak.
It was concluded that some of the attacker’s clothing was dark, and “the officer did not state or assert that the suspect was only wearing dark-colored clothing and nothing else.” Therefore, the court deemed the officer’s statement to be true.
Last week, Judge Reich also denied the change of venue request, to move Chad Isaak’s trial out of Morton county.
Isaak’s trial is set for November 30 in Morton County.