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>>

  • BACK TO SCHOOL: See where your school ranks in performance

    BACK TO SCHOOL: See where your school ranks in performance

    Wednesday, August 27 2014 10:53 PM EDT2014-08-28 02:53:53 GMT
    SPOKANE, Wash. - Two schools in the Spokane area received top rankings based on a new assessment, according to the Washington Policy Center. Using assessments based on a study by the Washington State Board of Education, the Washington Policy Center ranked schools on an "A to F-" scale, with 14 percent of schools in in and around Spokane finishing with A's or B's.>>
    SPOKANE, Wash. - Two schools in the Spokane area received top rankings based on a new assessment, according to the Washington Policy Center. Using assessments based on a study by the Washington State Board of Education, the Washington Policy Center ranked schools on an "A to F-" scale, with 14 percent of schools in in and around Spokane finishing with A's or B's.>>
  • Throwback Thursday! Look At 'Sunshine Shelly' Through The Years!

    Throwback Thursday! Look At 'Sunshine Shelly' Through The Years!

    Thursday, March 20 2014 1:04 PM EDT2014-03-20 17:04:11 GMT
    KHQ.COM - It's throwback Thursday! Here is a slideshow we would like to share of Shelly Monahan through the years! For those of you who have been in Spokane for many years, and saw her through her "Sunshine Shelly" days, you will probably remember the Shelly from back in those days. Enjoy!>>
    KHQ.COM - It's throwback Thursday! Here is a slideshow we would like to share of Shelly Monahan through the years! For those of you who have been in Spokane for many years, and saw her through her "Sunshine Shelly" days, you will probably remember the Shelly from back in those days. Enjoy!>>
  • Dog shot and killed by deputy in Spokane Valley

    Dog shot and killed by deputy in Spokane Valley

    Wednesday, August 27 2014 11:02 PM EDT2014-08-28 03:02:40 GMT
    SPOKANE VALLEY, Wash. - A Spokane County deputy shot and killed a dog Wednesday afternoon in Spokane Valley after he said the dog attacked him.>>
    SPOKANE VALLEY, Wash. - A Spokane County deputy shot and killed a dog Wednesday afternoon in Spokane Valley after he said the dog attacked him. The Sheriff's Office told KHQ the deputy was trying to return property to the home near Sprague and Henry. INSIDE>>>|RAW INTERVIEW from the dog's owner|>>
  • Top Stories from KHQTop StoriesMore>>

  • Cause determined in Eloika Lake brush fire

    Cause determined in Eloika Lake brush fire

    Thursday, August 28 2014 2:40 AM EDT2014-08-28 06:40:38 GMT
    DEER PARK, Wash. - Firefighters from multiple agencies are responded to a brush fire north of Deer Park near Eloika Lake on Wednesday.>>
    DEER PARK, Wash. - Firefighters from multiple agencies are responded to a brush fire north of Deer Park near Eloika Lake on Wednesday. A Fire Captain with Spokane County Fire District #4 told KHQ as of 6:00pm, the fire is about 20 acres in size and crews were trying to get a line around the wind driven fire. Structures have burned, though firefighters don't know exactly how many.>>
  • Dog shot and killed by deputy in Spokane Valley

    Dog shot and killed by deputy in Spokane Valley

    Wednesday, August 27 2014 11:02 PM EDT2014-08-28 03:02:40 GMT
    SPOKANE VALLEY, Wash. - A Spokane County deputy shot and killed a dog Wednesday afternoon in Spokane Valley after he said the dog attacked him.>>
    SPOKANE VALLEY, Wash. - A Spokane County deputy shot and killed a dog Wednesday afternoon in Spokane Valley after he said the dog attacked him. The Sheriff's Office told KHQ the deputy was trying to return property to the home near Sprague and Henry. INSIDE>>>|RAW INTERVIEW from the dog's owner|>>