Tuesday, Dec. 31, 2002 | 11:14 a.m.
Lawyers for William Rundle, a Las Vegas man charged with the beating death of his wife, will ask a judge on Monday to suppress evidence gathered in a search of his home and from Rundle's statement to police.
If the defense's request is successful, then during the trial the prosecution would not be permitted to mention bloodstains found in the home, the baseball bat police say killed Shirley Rundle or his comments that led police to the bat and the victim's body, which was dumped off a California highway.
Rundle's attorney, Curtis Brown, said he will argue that police did not have probable cause to search the Rundles' home in the 4700 block of Poppywood Drive.
In addition, William Rundle was not adequately informed of his rights before he spoke with police after his Oct. 12 arrest in Orlando, Fla., Brown said. Police have said Rundle was on the run for about six weeks before they arrested him.
"He gave them a statement. He told them what happened," Brown said. "It was one of those heated passion events, it was not premeditated."
If the evidence is suppressed, Brown said, the case would still go on, but would be put in a "more fair perspective."
"I'm not asking the court to dismiss the case," Brown said. "There's still evidence. All his statement does is clarify and explain things. And he assisted them in finding the murder weapon and the body."
Chief Deputy District Attorney David Schwartz said he does not expect the evidence to be suppressed. But if it is, the case would be a challenge and would still move forward, he said.
"There's quite a bit of evidence," Schwartz said.
Brown said District Judge Kathy Hardcastle could decide to suppress all, none, or any specific pieces of evidence.
"The judge has all kinds of choices," he said.
Brown said he probably will ask the judge to schedule another hearing on the matter so he can question police about their investigation.
The motion to suppress evidence will probably not affect the trial date, which is set to begin Feb. 10, he said.
Rundle, 57, has pleaded not guilty to murder and robbery with a deadly weapon in connection with the death of his wife. Her body was found off a remote highway near Susanville, Calif., in August.
Rundle faces the death penalty if convicted.
Police also suspect Rundle was involved in the disappearance of his 87-year-old mother, Willa Rundle, who has been missing since 1996. Police allege that Rundle cashed and spent her Social Security checks after her disappearance.
Schwartz said police are still investigating the mother's disappearance.
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