The attorney for first-degree murder suspect Megan Valentine has filed a motion asking the court to reconsider its order requiring Valentine to unlock her cell phone. Valentine is awaiting trial on charges that she shot and killed her husband, Edwards County Circuit Judge Michael Valentine.
In the motion, defense attorney Jessica Koester argues that Valentine does not know the passcode to her phone. “The State presented no evidence that she knows the passcode now, nor that she knew it at the time of the shooting,” the motion states.
At a previous hearing, Valentine’s sister, Joseline Sawyer, testified that she had never seen Valentine enter a PIN or passcode to unlock the device. She said her sister always used Face ID and has difficulty remembering passwords.
Koester’s filing challenges the State’s position that Valentine must know the passcode because she reportedly used her phone earlier in the day to contact an attorney. “The state presented no evidence that Ms. Valentine used her passcode that day,” the motion continues. “Simply because she used her phone does not mean that she entered a passcode to do so.”
The motion to reconsider is set to be addressed at Valentine’s next court appearance on December 19th in Edwards County Circuit Court.