Ex Real Housewives of Orange County star Lauri Peterson's son Josh Waring filed a motion to dismiss in his attempted murder case claiming his Constitutional rights to a fair trial were violated after private phone calls were recorded and submitted to prosecutors without his consent, according to court documents exclusively obtained by RadarOnline.com.
Waring, who was charged with attempted murder after allegedly opening fire on two people in Costa Mesa and then leading cops on a wild car chase on June 20, 2016 and eventually captured and charged with three counts of attempted murder and several other felony and misdemeanor charges, claims in the filing his Jail telephone calls "were monitored and recorded" by law enforcement and “turned over to the investigating agency" and "eventually to the prosecutors in this case."
The shamed former RHOC star's attorney Joel M. Garson claims in the court docs: "These recordings were done in direct violation of a Superior Court Order, and in violation of Defendant’s State and Federal Constitutional rights to a fair trial. In these conversations, Defendant discussed confidential trial strategy and defenses. These actions by the prosecution team constitute outrageous government conduct."
Waring and his lawyer insist the "specificity of the phone calls" regarding defense strategy "cannot help but cause prejudice."
The prosecutor knows all avenues the defense was exploring. It can use these illegal recordings as impeachments, it can frame its case to attack the defense theories, and it can anticipate issues to be presented by the defense."
The case must be dismissed,” Waring’s attorney concludes.
As Radar previously reported, attempted murder charges against Waring were dropped in October but then immediately refiled– after it was determined his right to a speedy preliminary hearing had been violated.
In a bombshell jailhouse interview last week, Waring told Radar he’s “been prevented any inkling of getting any kind of fair trial” due to his criminal history and claims he knows the man who committed the crime.
“I’m fearful because the deck is stacked against me already,” he said. “I’m trying my best to prove I didn’t do this, but this justice system is scary.”
As fans know, the reality TV son appeared on RHOC with his mom, until she quit in 2009 for privacy reasons over Waring’s legal woes.
Peterson, who is divorced from Waring’s father, was one of the original RHOC stars, but has only done guest shots in recent years.
Meanwhile, Waring was hit with divorce papers from his wife Hannah while he was in jail after allegedly threatening to stab her. She said in legal docs that they split up in March 2015.
His estranged wife also noted Peterson adopted their daughter, Kennady Kaydence, 4, and both parents have no legal rights to her.
Waring told Radar despite his troubled past, his mom still has his back. “My mom knows I am innocent and she knows I am not perfect and I have a drug problem and I have had my faults and weaknesses. But she has also said, ‘you don’t understand, this isn’t him. If it was drugs there would be a 99 chance it’s true. But not this.’”
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