Man charged in Huntsville double murder wants case thrown out, judge denies

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Terry and Anthony Jackson were killed at West Huntsville United Methodist Church on May 21, 2013. They were stabbed to death as they opened the church's food pantry.

HUNTSVILLE, Ala. — A Huntsville man charged with killing two elderly brothers at a church food bank wanted the charges thrown out, saying police investigators failed to disclose three witnesses who identified someone else in photo lineups.

The motion to dismiss was filed Wednesday by attorneys for Richard Burgin, who is facing a possible death sentence if convicted.

During the motion hearing Thursday afternoon the suspect’s attorneys filed for the motion to dismiss, and the judge has denied that motion.

Burgin is set to stand trial on Monday, May 1.

Reason for Burgin’s defense to file for motion to dismiss

The defense filing argued the photo lineup information was uncovered by their investigator. They contacted prosecutors, according to the court filing, who indicated they were also unaware of the lineups.

The filing says prosecutors then contacted a Huntsville Police Department investigator who handled the case.

“The Asst. District Attorneys made contact with Inv. Grey, who confirmed a photo, or photo lineup had been shown to at least one of the witnesses; however he intentionally discarded the photo or photo lineup and did not report any such photo or photo lineup in his case reports or any other discovery,” the filing argues.

Burgin has a May 1 trial date in the May 21, 2013 stabbing deaths of two elderly brothers, Terry and Louis Jackson. The two men were volunteering at the West Huntsville United Methodist Church food bank when they were fatally stabbed.

The defense argued “three witnesses that were shown the photo or photo lineup picked out, whether certain or not, an individual that was not the defendant. Such information is exculpatory and required to be given to the defense in a capital murder offense.”

The defense has argued for months that Burgin’s defense is simple, he maintains he didn’t commit the murders.

Burgin was in prison on an unrelated charge when was charged with murders, several months after the killings. Investigators said they found a cup near the murder scene and a DNA database matched it to Burgin.