Chen Indictment Upheld Despite Defense Objections

CHATTANOOGA, Tenn. (WDEF) – The man charged with first-degree murder in the death of a Chattanooga woman last November was back in court Monday.

Jason Chen, the man charged in the murder of Jasmine Pace, has been found to have enough probable cause in a preliminary hearing that led to an indictment by a grand jury.

Chen’s defense attorney argued in court today that the process of getting to those judgements was flawed.

Joshua Weiss, Chen’s defense attorney, argued that there were three main issues he had with the way the preliminary hearing had been conducted in Judge Larry Ables’ courtroom back in February.

First issue he raised was that he was not allowed the chance to review body cam footage from the Chattanooga Police Department of officers who entered Chen’s apartment before he said they had a search warrant.

Jason Chen walking into court Monday, charged with the killing of Jasmine Pace (left) in November.

Second, he argued that he was limited in his cross-examination of Detective Zack Crawford, who is the lead investigator on the case, on the nature of that search for the Chattanooga Police Department.

Lastly, Weiss argued that by not being allowed to call Catrina Pace, Jasmine Pace’s mother, to the stand.

Weiss says that Pace had entered the apartment looking for her daughter before a search warrant was issued.

Weiss said, “We’re asking the case be sent back to the general sessions court because the defendant in this case was not given a full and fair preliminary hearing… There was actually two searches done in the defendant’s residence, one by the Pace family, and another done by the Police, prior to a search ever being done with a search warrant.”

Hamilton County District Attorney Coty Wamp says a cross-examination of Catrina Pace would have been unnecessary as a preliminary hearing is primarily used for the prosecution to establish probable cause in the case.

District Attorney Wamp said, “He (Pace’s lawyer) made it very clear that if Mrs. Pace were to be called, that she would invoke, upon his direction, her right to the Fifth Amendment.”

She also argued that Weiss’ contention over the body cam videos was unnecessary for the preliminary hearing step based on her interpretation of Tennessee Criminal Procedure law.

District Attorney Wamp said, “The reason why he knows that is that we provided discovery under Rule 16. In Sessions court he would have not known that. So, it would’ve been a never-ending cycle of asking for different videos.”

Hamilton County Judge Boyd Patterson sided with the state, denying the defense’s motion to vacate Chen’s indictment.

Judge Patterson said, “I do believe that probable cause was certainly found at the preliminary hearing, and Judge Ables decided at some point that was enough.”

Today’s ruling does not mean that Mr. Weiss’s concerns cannot be raised again in criminal court.

District Attorney Wamp argued that criminal court is a better venue to hear these particular concerns today, then in general sessions court.

What this means for the case is that it continues to move forward with discovery, as each side continues to build for a trial.

The next status hearing is scheduled for October, but Mr. Weiss alluded to other motions he intends to file in the coming months.

District Attorney Wamp had previously stated she doesn’t expect a trial until next year.

Chen remains in custody at the Hamilton County Jail on a $5 million bond.