CHARLOTTE COUNTY, Fla.- An accused murderer has asked a judge to throw out his case.
Dwayne Johnson sent a letter to the judge saying his charges should be dropped because private conversations with his attorney were recorded at the Charlotte County Jail and handed over to the prosecution.
Last week, a judge ruled that the charges stand, but Johnson can appeal that decision or go to trial.
“I’ve explained to Mr. Johnson, that is a very high burden and that in all likelihood, my best legal opinion is that the appellate court may not grant review of our petition. Nonetheless, after consultation, Mr. Johnson would like me to proceed,” said public defender Toby Oonk.
Johnson’s trial is expected to start a week from Monday. He has until Thursday to make his decision.