Anonymous jury, cell phone data discussed at Chattanooga gang murder hearing

CHATTANOOGA, Tenn. (WDEF)- The last defendant in a 2016 murder of a Chattanooga mother was back in court Monday.

Bianca Horton was looking to get justice for her baby daughter, Zoe, after she was paralyzed in a 2014 shooting where she was caught in the crossfire.

Andre Grier walking into his hearing on Monday.

She had agreed to testify in that case, which ultimately saw the conviction of Cortez Sims, when she was murdered and left on the side of the road.

Grier is one of three suspects charged with first degree murder in her case.

Courtney High pleaded guilty last year in this case, and Charles Shelton died of COVID complications while awaiting trial.

Monday, there were two main issues discussed.

One issue discussed was whether Grier’s cell phone data was improperly obtained by investigators.

Grier was on probation at the time of Horton’s murder.

His defense attorney, Kit Rogers, made the argument that despite his legal status, he still should have expected some privacy.

Rogers said, “We have the right to privacy in our movements…  I don’t think that the Framers could have foreseen us carrying around GPS monitors in our pockets.”

He referenced a 2023 federal case out of New Jersey regarding cell phones.

In that case, U.S. v. Smith, a federal judge ruled that investigators need a warrant before searching a cell phone for evidence.

However, prosecutors in the Grier case argue that the Smith ruling shouldn’t apply to this case which occurred years before.

Prosecutor Colin Campbell said, “I think that’s the question. Does the state, and the public have an interest in knowing where probationers are?  The answer is yes. We want to know where they live. We want to know where they work. We want to have the ability to make sure that they are at certain places at certain times.”

The safety of the prospective jury was also discussed because of the gang element in this case.

Rogers said, “Any instruction to the jury, or allowing them to know it’s an unusual practice in a death penalty case. I just don’t want any prejudice, I don’t want the jury to be scared of the gang before we ever start talking about gangs.”

Hamilton County Judge Boyd Patterson says that he will allow for an anonymous jury to prevent their information from getting from gang members.

Prosecutor Amy Werich said, “Keeping those identities secret and away from the defendant’s ability to know them.”

The next hearing in this case will be in April, with the trial set for later this year.