Joyce Garrard's lawyers ask for case to be dismissed - WSFA.com: News Weather and Sports for Montgomery, AL.

Joyce Garrard's lawyers ask for case to be dismissed

Posted: Updated:
File photo of Joyce Garrard. Source: WBRC video File photo of Joyce Garrard. Source: WBRC video
Joyce Garrard's mug shot. Source: Etowah County Sheriff's Office Joyce Garrard's mug shot. Source: Etowah County Sheriff's Office
Joyce Garrard's granddaughter Savannah Hardin. Joyce Garrard's granddaughter Savannah Hardin.
ETOWAH COUNTY, AL (WBRC) -

An Etowah County grandmother accused of running her granddaughter to death is asking for the case to be dismissed.

Joyce Garrard is charged with capital murder in the 2012 death of her granddaughter Savannah Hardin. She is being held without bond in the Etowah County Jail.

Prosecutors say Garrard made the nine-year-old girl run for three hours as punishment for a lie about eating a candy bar on Feb. 17, 2012. The child collapsed and died three days later at a hospital.

Garrard's attorneys filed a motion to dismiss the case on May 6, saying the state violated the court's schedule for producing their evidence. They say the state did not provide a list of experts and a report for each by March 31.

"Such a blatant disregard by the State for the Defendant's right to a fair and impartial trial requires an equally drastic remedy to address such a miscarriage of justice. As a result, the Defendant moves to dismiss the charges against Joyce Garrad," the defense said in the motion.

The state disputes that claim and issued a response, saying they filed their reports "well in advance" of a March 31 deadline for the expert witness list and reports. The state says Garrard's motion "appears to be nothing more than a desperate attempt to try their case outside the courtroom prior to a jury being selected."

Garrard's lawyers Dani V. Bone and Richard A. Rhea filed another motion on May 12, asking the judge to suppress "any and all statements allegedly made by [Garrard]" to hospital staff at Gadsden Regional Medical Center and Children's of Alabama hospital, as well as emergency responders and law enforcement officials before and after her arrest.

Her lawyers say they believe the state will use oral statements allegedly made by Garrard as evidence "in an effort to show inconsistencies and thereby cast suspicious upon the Defendant," the court documents state.

In their response, the state says the defense failed to cite any legal authority that would support their motion to suppress Garrard's oral statements.

The state calls the motion to suppress statements "baseless and meritless and is due to be summarily denied."

A hearing for the most recent motions has been set for Friday at 8:30 a.m.

Copyright 2014 WBRC. All rights reserved.

Powered by WorldNow