Lawyer asks judge to drop murder charge in Monday hearing

AUBURN, Ind. (WANE) - The defense attorneys for a woman accused of taking part in a 2011 shooting incident that injured a police officer and left another man dead asked a judge to drop a felony murder charge, a change of venue for the trail, and asked to strike some evidence.

The motions were filed earlier in January on behalf of Julie King, of Auburn, and the attorneys made their case in a hearing on Monday.  The judge will make a ruling on these motions on February 27. King's trial is scheduled for May 6 to May 10.

King faces charges of murder, conspiracy to commit murder, and attempted murder.

Deputy Marshal Stephen Brady was shot in the face by King's boyfriend, Ralph Hardiek, 41, of Auburn, on December 15, 2011.

King and Hardiek hid under a deck and were found by police. Police said Hardiek rolled over and pointed a gun at the officers, who fired shots that hit both Hardiek and King.

Hardiek later died.

King's attorney, DeKalb County Public Defender Daniel Pappas, filed a motion to dismiss the murder charge Dec. 28. Pappas said the facts alleged by the state, even if true, do not constitute the offense of murder.

“Clearly it is the fact that Hardiek shot a police officer that has incited the state to reach for the golden ring in its decision to charge King with murder,” Pappas said in the motion. “However, it is not even alleged that King took any affirmative action to kill Hardiek. It was the police who killed Hardiek! The absurdity of the charge of murder herein is that King faces a greater sanction under the law for her alleged role in these events than Hardiek could have faced for the attempted murder of Brady, had he survived the police-action shooting.”

Pappas also filed a motion for a change of venue and a request for a test jury of 12 citizens of DeKalb County to determine prejudice from pre-trial publicity.

He also filed a motion to suppress statements King made to police during an interrogation Jan. 5 and 6, 2012 while she was in custody.

King's trial is scheduled for May 6-10.