Attorneys want Krystal murder indictments dismissed - WAFF-TV: News, Weather and Sports for Huntsville, AL

Attorneys want Krystal murder indictments dismissed

MORGAN COUNTY, AL (WAFF) -

Lawyers for two of the three Decatur Krystal murder suspects are trying to get their clients' indictments dismissed.

In a motion filed with the Morgan County Circuit Court, attorneys for Jordaan Creque claim there has been systematic discrimination in the selection of grand jury forepersons in Morgan County.

In a separate motion, attorneys for Cassandra Eldred asked for her indictment to be dismissed or that the court better define the counts against her.

Eldred, Creque and Ezekiel Gholston are charged with the murders of Krystal employees Jessie Aguilar and Jeff Graff at the restaurant last August. Each faces three murder counts, one for each victim and another count because it happened during an armed robbery.

The motion to dismiss the indictment against Creque claims Morgan County has a pattern of excluding African-Americans, women and young adults from becoming grand jury forepersons. His attorneys want court officials to provide a list of all grand jury forepersons from 1999 through 2011. The Eldred motion claims the counts against her are vague and need to be thrown out or made more clear.

WAFF 48 legal expert Mark McDaniel said motions like these are common in capital murder cases and they are rarely granted. If they are, the defendants remain under arrest and in jail, and the Morgan County District Attorney's Office can take the cases back to the grand jury.

Copyright 2012 WAFF. All rights reserved.

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