Dave Hawks Attorneys Push for Trial Dismissal

March 27, 2009 8:21:02 PM PDT
Attorneys for a South Valley man accused of killing his ex-wife tried to get the case dismissed on Friday. Dave Hawk is accused of killing his ex-wife, Debbie, in June 2006.Hawk's attorneys are hoping the murder charges get dismissed against their client. Dennis Peterson, Hawk's attorney, says "The reason it's a paper thin case is there's absolutely no evidence to connect Dave to the disappearance Debbie Hawk. There's no physical evidence and no forensic evidence."

Dave Hawk is accused of killing his ex-wife, Debbie in June 2006. Prosecutors say he stole more than $300,000 from his children's trust funds and killed Debbie after she took him to court on the issue. During Friday's hearing, Fresno police officers testified about a shooting at the Fresno office of Debbie Hawk's divorce attorney, Kim Aguirre, one month before she disappeared.

They revealed Debbie Hawk called and told police her ex-husband, Dave, was likely responsible for the shooting of her attorney.

Larry Crouch, who is prosecuting the case, says "I knew she had that suspicion but I didn't realize she actually talked to a Fresno Police officer until this hearing."

The subject of the shooting angered the defense. Hawk's attorneys say the prosecution wrongly implied their client committed the shooting and his evidence that showed actually another person was a suspect. Prosecutors deny the claims.

Hawk's attorneys are also asking to remove the Kings County District Attorney's office form the case, saying they violated Hawk's attorney-client privilege by obtaining documents written to and from Hawk and his attorney.

Mark Coleman, Dave Hawk's attorney, says "We believe the appropriate remedy is dismissal and if they're going to start over, to appoint a new attorney to represent the people in this case."

Dave Hawk will be back in court next month. At that time the judge is expected to rule on whether to dismiss the murder charges. He's also expected to rule on whether to remove the District Attorney's office from the case.

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