Motion filed to suppress evidence

Attorneys for a mother charged with first-degree murder in connection with the January death of her two children have filed a motion to suppress evidence they said was collected without the use of a search warrant.
Lisa Louise Greene, 41, of 10925 Candilara Lane, Midland, was charged with starting a fire that killed her two children, 8-year-old Addison Brook Macemore and 10-year-old Nathan “Daniel” Macemore. The fire occurred Jan. 10 at Greene’s home.
“The State, on June 21, 2006, has filed a notice of intention to introduce certain evidence at trial consisting of statement or statements made by the defendant and evidence obtained by virtue of a search without a search warrant and evidence obtained by the result of a search warrant when the defendant was not present,” the motion states.
The motion was filed this month by Greene’s court-appointed attorneys Lisa Dubs and Robert E. Campbell.
The motion states that attorneys have received more than 2,500 pages of discovery for Greene’s case.
Prosecutors are in the process of conducting a test with Bureau of Alcohol, Tobacco and Firearms. The test involves recreating a model of Greene’s home to study for burns.
“Various items of discovery have not been delivered to the defendant’s counsel, such as all of the ATF records, notes, files, result of testing and experiments,” the defense’s motion states.
In another matter in the case, court records state that when Greene was interviewed by deputies she was under the influence of prescribed medication that she had received from a doctor.
“Officers were told by the family of Lisa Greene that she was not in the right state of mind to give any statement,” the motion states.
Attorneys have requested a mental health evaluation of Greene, which could take at least three months to complete.
“The defendant’s counsel is in the process of conducting various mental health evaluations of the defendant which will be vital in the preparation and prosecution of any motions to suppress evidence,” the motion states.
The motion states that Greene was interviewed for five hours and 25 minutes before she was charged.
“At no time did the members of the Cabarrus County Sheriff’s Office record, tape, videotape or officially transcribe the statements made by Lisa Greene,” the motion states. “The handwritten statements were done in the handwriting of [a State Bureau of Investigation agent]. The officer did not record or even write down much of what Ms. Greene told them. The portions of the statement that the State contends is a ‘confession’ are more in the nature of rambling, nonsensical response to constant and repeated questioning by overbearing law enforcement.”
Ashlie Shanley, Cabarrus County assistant district attorney, earlier described Greene as a woman tired of raising her two children and who started a fire at her home to suffocate the children with carbon monoxide.
Neither prosecutors nor attorneys involved in the case are allowed to speak on the matter outside of court.
In June, Senior Resident Superior Court Judge Erwin Spainhour filed an order telling people involved in the case to not talk to the media outside of courtroom proceedings.
The gag order was issued after an arson expert hired by Greene’s defense team told media that Greene did not start the fire.
Greene is being held without bond at the Cabarrus County Jail. Prosecutors are seeking the death penalty. -Michael Knox