Gerlach's Lawyers Intend To Bring Up Kaluza-Graham's Criminal Hi - Spokane, North Idaho News & Weather KHQ.com

Gerlach's Lawyers Intend To Bring Up Kaluza-Graham's Criminal History And Drug Use

Posted: Updated:
Gail Gerlach (left) is being charged with Manslaughter after shooting and killing Brendon Kaluza-Graham (right) as Kaluza-Graham was driving away in Gerlach's SUV Gail Gerlach (left) is being charged with Manslaughter after shooting and killing Brendon Kaluza-Graham (right) as Kaluza-Graham was driving away in Gerlach's SUV
SPOKANE, Wash. - The lawyers for Gail Gerlach tell KHQ they intend to bring up Brendon Kaluza-Graham's criminal history and drug use during Gerlach's upcoming trial. 

Gerlach is being charged with First Degree Manslaughter for shooting and killing Kaluza-Graham as he was stealing Gerlach's SUV. 

In documents received by KHQ on Tuesday, Gerlach's attorneys stated they intend to bring up Kaluza-Graham's criminal history and his violent behavior towards police when resisting arrest. Gerlach's defense team also said they intend to raise the issue of the large amount of meth found in Kaluza-Graham during his autopsy and the meth found on his body, which the defense team says was packaged for possible resale. 

In addition to the criminal history and drug use, the defense team says Gerlach intends to invoke his spousal privilege and his wife may not be examined or called upon as a witness for the state. Gerlach does reserve the right to call his wife as a witness in his defense, however. 

Gerlach's lawyers also said the judge will have to decide if the information is permitted. If the judge doesn't allow it, the defense can't bring it up. The actual decision will be made before the trial actually begins. Earlier, the judge did decide that any statements Gerlach made prior to being given his rights are inadmissible. 

Gerlach's next court appearance is scheduled for March 5th, 2014. His trial is scheduled to begin on March 31, 2014. 
  • Most Popular StoriesMost Popular StoriesMore>>

  • Two people dead, another in serious condition in Lewiston; Suspect in custody

    Two people dead, another in serious condition in Lewiston; Suspect in custody

    Tuesday, November 21 2017 4:12 PM EST2017-11-21 21:12:19 GMT

    LEWISTON, Idaho - Detectives with the Lewiston Police Department are searching for a person of interest in a double homicide that happened early Tuesday morning.  Police found two deceased adults in a home near 6th and Preston just after 5:00 a.m. on Tuesday. A third adult victim was also found int he home with a stab wound to his back. 

    >>

    LEWISTON, Idaho - Detectives with the Lewiston Police Department are searching for a person of interest in a double homicide that happened early Tuesday morning.  Police found two deceased adults in a home near 6th and Preston just after 5:00 a.m. on Tuesday. A third adult victim was also found int he home with a stab wound to his back. 

    >>
  • "My son was just gone": mother of kidnapped baby speaks out about online danger

    "My son was just gone": mother of kidnapped baby speaks out about online danger

    Tuesday, November 21 2017 12:30 AM EST2017-11-21 05:30:18 GMT
    Police say Fern Littlecalf kidnapped a babyPolice say Fern Littlecalf kidnapped a baby

    SPOKANE, Wash.- The mother of a 6-month old baby who was kidnapped as part of an elaborate online scam is speaking out, urging everyone to be careful who they meet on the internet.  Lekeisha Johnson, from Kennewick, says she thought she'd been in a relationship with a man for weeks, but then she found out that her supposed boyfriend never existed in the first place. 

    >>

    SPOKANE, Wash.- The mother of a 6-month old baby who was kidnapped as part of an elaborate online scam is speaking out, urging everyone to be careful who they meet on the internet.  Lekeisha Johnson, from Kennewick, says she thought she'd been in a relationship with a man for weeks, but then she found out that her supposed boyfriend never existed in the first place. 

    >>
  • SUV driver crashes into De Leon Foods and then takes off

    SUV driver crashes into De Leon Foods and then takes off

    Tuesday, November 21 2017 10:20 AM EST2017-11-21 15:20:29 GMT
    Courtesy De Leon FoodsCourtesy De Leon Foods

    SPOKANE, Wash.- Spokane Police are looking for the person who crashed into De Leon Foods on Francis in north Spokane. 

    >>

    SPOKANE, Wash.- Spokane Police are looking for the person who crashed into De Leon Foods on Francis in north Spokane. 

    >>
HD DOPPLER 6i
/
  • Top Stories from KHQHomeMore>>

  • Mother of Maine boy, whose dying wish was to celebrate Christmas early, delivers his favorite animal to classmates

    Mother of Maine boy, whose dying wish was to celebrate Christmas early, delivers his favorite animal to classmates

    Tuesday, November 21 2017 6:02 PM EST2017-11-21 23:02:12 GMT

    PORTLAND, Maine - The mother of a 9-year-old boy who lost his battle with cancer,  delivered penguins to his classmates in Maine. Penguins were Jacob Thompson's favorite animal and to honor his memory, Jacob's mother Michelle, visited each and every class at his school to hand out stuffed penguins.

    >>

    PORTLAND, Maine - The mother of a 9-year-old boy who lost his battle with cancer,  delivered penguins to his classmates in Maine. Penguins were Jacob Thompson's favorite animal and to honor his memory, Jacob's mother Michelle, visited each and every class at his school to hand out stuffed penguins.

    >>
  • City adds 'Give Real Change' meters to STA Plaza and airport security checkpoints

    City adds 'Give Real Change' meters to STA Plaza and airport security checkpoints

    Tuesday, November 21 2017 5:54 PM EST2017-11-21 22:54:13 GMT

    SPOKANE, Wash. - The City of Spokane has installed two additional "Give Real Change" meters in an effort to end homelessness.  New meters were placed at the STA Plaza and at the Spokane Airport. Bus riders can donate extra change at the Plaza in downtown Spokane and airline passengers can donate their spare change at security checkpoints in both terminals of SIA.  

    >>

    SPOKANE, Wash. - The City of Spokane has installed two additional "Give Real Change" meters in an effort to end homelessness.  New meters were placed at the STA Plaza and at the Spokane Airport. Bus riders can donate extra change at the Plaza in downtown Spokane and airline passengers can donate their spare change at security checkpoints in both terminals of SIA.  

    >>
  • PHOTOS: KHQ in episode of 'Z Nation' this Friday!

    PHOTOS: KHQ in episode of 'Z Nation' this Friday!

    Tuesday, November 21 2017 5:45 PM EST2017-11-21 22:45:15 GMT

    SPOKANE, Wash. - A few months ago, Spokane's favorite zombie show, Z Nation, asked if they could film an episode for the upcoming season in our studios.  Uh... DUH! How could we say no to the opportunity to turn our newsroom into the zombie apocalypse? Zombies still need their news, right?  It was a ton of fun and the kind folks over at Z Nation let us know the episode, 'We Interrupt This Program', air this Friday.

    >>

    SPOKANE, Wash. - A few months ago, Spokane's favorite zombie show, Z Nation, asked if they could film an episode for the upcoming season in our studios.  Uh... DUH! How could we say no to the opportunity to turn our newsroom into the zombie apocalypse? Zombies still need their news, right?  It was a ton of fun and the kind folks over at Z Nation let us know the episode, 'We Interrupt This Program', air this Friday.

    >>