A hearing to determine if a murder case has enough evidence to go to trial was postponed after the defense argued that the prosecution was unprepared to go forward with it.
The victim and the defendant were in a domestic relationship, according to court documents.
Defense attorney Kevann Gardner said the prosecution is not ready to go forward with the Oct. 18 preliminary hearing and requested his client’s release.
Gardner argued that Green’s belongings were illegally searched and that she was illegally detained. He also said the detective who would testify at the hearing does not know which evidence is inadmissible.
The prosecution opposed the release request, citing the evidence against Green, which they say is circumstantial, but strong. They also cited her previous arrest record, and said she exhibits “volatile and aggressive behavior.”
The prosecution referred to a previous assault case, but Gardner said the case occurred because Tate was attacking a member of her family with a broken glass bottle, prompting Green to brandish a knife.
Green cares for two members of her family, Gardner said.
Gardner also said Green was fed fish products in jail, despite notifying them she was allergic. At one point, the defendant had a severe reaction and was rushed to the hospital, he said.
Judge Juliet McKenna ultimately denied the defense’s request for a release. The preliminary hearing is now set for Nov. 2.