Mortimer's Defense Makes Final Arguments to Suppress Evidence

On Monday morning, Thomas Mortimer, IV, was back at the

Mortimer of his mother-in-law, Ellen Ragna Stone, 64; his wife, Laura Stone Mortimer, 41; his daughter, Charlotte Mortimer, 2; and his son, Thomas “Finn” Mortimer V, 4.

Mortimer’s attorney – Denis Regan – filed a .

Judge Julia Kern said that she would continue the hearing until Jan. 13 at 2 p.m., when she will make her decision on whether or not evidence should be suppressed from the case.

Regan argued that Winchester firefighters and police officers did not have enough evidence to enter the Windsong home without first acquiring a warrant.

“The Commonwealth failed to establish that the firefighters made reasonable entry into the home under the emergency care exception,” Regan said.

According to Regan, the emergency personnel should have based their entry into the home on what they knew, and not what was told to them by Debra Stone Sochat. Stone Sochat took the stand last month and testified that she went to the home because she was concerned about the health of her mother – Ellen Ragna Stone.

But according to Assistant District Attorney, Adrienne Lynch, based on Stone Sochat’s concern for her mother, the firefighters had every right to enter the home without a warrant.

“It would contradict the response of an emergency if they were to do a full investigation before entering the home,” Lynch said.

Lynch argued that based on the 9-1-1 call made by Stone Sochat’s neighbor, Daniel Murphy, where he told the police dispatch that he saw blood on the wall, officials had enough reason to enter the home without a warrant.

“The call to dispatch was all the information police needed to have a reasonable belief that someone was inside the home and needed assistance,” Lynch said.

While a final decision on the evidence won’t be made until Jan. 13, Kern told Regan and Lynch that she is favoring the prosecution’s argument.

“It’s clear, in this case, that the purpose in entering the home was not to gather evidence for a criminal activity,” Kern said.