Defense seeks to have evidence dismissed in Lynn murder trial

SALEM – The defense in the trial of Daryll Jones, the Lynn high school teenager charged with the fatal stabbing death of a man at Gallagher Park last year, is seeking to have evidence seized by police tossed out at his upcoming trial.Defense lawyer Lawrence J. McGuire filed preliminary trial motions Tuesday morning in Salem Superior Court challenging the legality of the search and seizure of items taken from his client’s automobile and home.Jones, 17, of 11 Marianna St., is charged with first-degree murder in connection with the fatal stabbing of Huy Le on Feb. 12.Le, 19, of 64 Whiting St., was found by police around 9:30 p.m. at the Pine Hill’s Gallagher Playground, near Ontario Street, following a 911 call.McGuire in his motions contends that the warrant to search Jones’ residence on Feb. 25 or 26 was “too stale” to establish probable cause to conduct the search by police.He wants to have a judge decide the legality of the search and have a red hooded sweatshirt, two carving knifes, four steak knives, one black iTouch, photo images, two bags, a safe and a bag with burnt papers tossed out at the trial, arguing that the warrant was “overly broad.”In addition, McGuire is questioning the evidence seized from his client’s car, saying also that warrant was insufficient to establish probable cause to search the car and the actions and seizure by police have violated his client’s rights.Jones has pleaded innocent to the charge. He is due back in court on March 3 for a hearing.In the meantime, Jones remains held without bail at the Middleton Jail pending the outcome of his case.He faces a life sentence in state prison with no chance of ever being paroled if convicted as charged.