Kathryn Sinkevitch (PCSO)

Pinal County Superior Court Judge Kevin D. White decided the constitutional rights of murder suspect Kathryn Sinkevitch were not violated during the investigation to arrest her.

The decision comes down less than a week before her murder trial, which is set to begin on Tuesday at 9 a.m. in Florence.

Bret Huggins, attorney for Kathryn Sinkevitch, moved to suppress a phone call that police recorded in connection with first-degree murder in the shooting death of 31-year-old Michael Agerter in December 2016.

At an April 10 evidentiary hearing White listened to a defense motion to suppress an audio recording, claiming it was in violation of the suspect’s Fourth, Fifth, Sixth and 14th Amendment rights.

Sinkevitch is accused of shooting Agerter, her ex-boyfriend, in the garage of his rental home in Rancho El Dorado. The two lived separately but had an infant son together.

Judge White made several decisions at the evidentiary hearing on April 10, including precluding any reference to an abortion of the child the two had together and the victim’s drug use and toxicology reports as he did have a medical marijuana card.

White approved evidence in the case related to the defendant’s and victim’s relationship history, the defendant’s knowledge of the victim’s address by hiring a private investigator to find him, paternity tests and protection orders.

White also approved the defense council’s motion for 100 additional hours of a defense investigator’s time.

 

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