Whether cell phone of Perry woman accused of murder should be considered evidence discussed in court

Published: Aug. 23, 2023 at 12:48 PM EDT
Email This Link
Share on Pinterest
Share on LinkedIn

BANGOR, Maine (WABI) - The attorneys for a Perry woman who’s accused of killing a woman last year was in court Tuesday to discuss whether or not her cell phone should be considered evidence.

Kailie Brackett is charged with the murder of 43-year-old Kimberly Neptune.

The defense argued the State’s possession of her phone was unreasonable, citing it’s been in their possession for a year, and they haven’t been able to open it without the password.

The defense also argued that the phone contains evidence that would exonerate Brackett.

The State, who has the phone from a legal seizure, argued the phone could contain incriminating evidence if they’re able to access it.

The State says it would be unfair for the defense to access the phone for information that the State couldn’t access despite the court ruling they could examine the phone.

The defense says forcing disclosure of the password would be a violation of the 5th amendment.

The judge ruled that an expert appointed by the defense could create a mirrored image of the phone.

The judge also ruled that the state could observe the process but not look at the contents or password.