Atkins Grants Motion For Testimony Restrictions In Upcoming Leavell Trial

During Wednesday’s motion hour of Christian County Circuit Court, Chief Circuit Judge John Atkins granted a motion in limine for Hopkinsville native and 22-year-old Anshanique Leavell.

Charged with murder, receiving stolen property (firearm) and complicity of tampering with physical evidence, Leavell is accused of fatally shooting Armareya Freeman in the chest on the front porch of a Greenville Road apartment complex just before midnight of June 6, 2019.

Her bond set at $100,000 on July 29, 2019, Leavell’s limine was leveled by Commonwealth Attorney and prosecutor Richard Boling, directing the defendant to refrain from specific references during the guilt phase of her upcoming trial.

These restrictions on references include:
— How a conviction could affect her career as an athlete,
— How a conviction could ruin her life,
— If acquitted, that she return to college for sports and academics,
— That the trial jury can ignore the law and pursue jury nullification,
— That the trial jury should find sympathy for her, based on her young age,
— That the trial jury should find sympathy for her, based on her lack of a serious criminal record,
— That she is regretful, sorry or remorseful for her actions at any time prior to her actually testifying before the jury

From 2014-18, Leavell was a standout basketball athlete at University Heights Academy — where she garnered more than 1,000 points for her career.

Boling and the Commonwealth wrote they wanted to keep this line of testimony and inferences from being made to the jury because the issue at hand is “the guilt or innocence” of Leavell, and that none of these references are material or relevant to any ruling made.

According to U.S. Law, a “motion in limine” is a motion discussed outside of a jury to request the exclusion of specific testimony. It can also be used to earn a ruling to allow for the inclusion of evidence — both in civil and criminal proceedings. It’s typical to see this motion in pre-trial conference, and it’s available at state and federal hearings.

Leavell’s jury trial begins at 8:15 Thursday morning, with Atkins also noting there are no COVID-19 issues to speak of for the proceedings. The court believes there is a sufficient amount of jurors on hand, as 15 District I jurors will be summoned by the Christian County Clerk’s Office.

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