From Deseret News archives:
Man's attorney challenges SWAT team search
Eagle Mountain resident Matthew Paul Graham, 35, a former Utah National Guardsman, stands charged with aggravated kidnapping, a first-degree felony, stemming from a standoff Jan. 31 with Utah County SWAT. Earlier that morning, Graham got into a fight with then-wife Mindy. Police arrived on scene, and Matthew Graham barricaded himself inside the home with a small arsenal of weapons after Mindy Graham fled with the couple's four children, ages 11 to 2.
Matthew Graham later surrendered to police, and the SWAT team secured his house, police said. Officers later removed guns from the home. However, Matthew Graham's defense attorney Lisa Estrada said that evidence shouldn't be admitted at trial because police didn't obtain a warrant, and Matthew Graham never consented to a search.
"The fact is they entered his home illegally," she said after an evidentiary hearing in 4th District Court.
Prosecutor Doug Finch countered, saying Utah County sheriff's members obtained Mindy Graham's verbal and written permission to remove those items from the house.
Mindy Graham previously testified Matthew Graham became upset that morning because she refused intimacy. After he grabbed a .45 caliber pistol and a .38 caliber pistol, she became fearful and texted a close friend and her LDS bishop, who alerted authorities.
Utah County Sheriff Det. B.J. Eckles testified Friday he arrived at the home and knocked on the door. Matthew Graham opened the door just enough to expose his head, neck and part of his shoulder. Eckles said he and his partner tried to get Graham out of the house, but he refused. Eckles said his "danger level" heightened as Graham became agitated and refused to tell them what he had in his hands.
"It got to the point where I had to take my gun out of the holster," Eckles said.
Eckles and his partner managed to get Mindy Graham to come to the door. He said she was crying hysterically.
They got Mindy and the four children away from the home, Eckles said. At this point, Mindy Graham told officers Matthew Graham was ex-military and had sniper training.
Matthew Graham served a 16-month tour in Iraq as part of the 1457 Combat Battalion with the Utah National Guard, and developed post-traumatic stress disorder. But there is no record he served as a sniper.
Recent comments
I'm so sick of hearing all these biased opinions by the public...
Matt's sister | Oct. 7, 2008 at 7:55 p.m.
I am amazed at your comments Randall. The authorities do a great...
to Randall | Oct. 5, 2008 at 10:38 p.m.
I work in Law Enforcement.
I have been accused of breaking the...
Difficult Position | Oct. 5, 2008 at 3:26 p.m.
- Fierce snowstorm heads to Midwest 7:41 a.m.
- EU: Jerusalem should be joint capital 7:38 a.m.
- Obama talks job-creating initiative 7:37 a.m.
- Stock futures drop as $ strengthens 7:34 a.m.
- Iran: Nearly 200 protesters arrested 7:13 a.m.
- Obama envoy begins trip to NKorea 7:12 a.m.
- Baghdad blasts toll at 118 dead 7:11 a.m.
- High school girls basketball: Top 20 1:40 a.m.
- High school swimming rankings 1:28 a.m.
- High school girls basketball rankings 1:19 a.m.
- Cougars going back to Vegas
- Witness: Mitchell stalked victims
- Utah/BYU rivalry can be more civil
- Y. profs: Beck not all-knowing
- TCU to play Boise in Fiesta Bowl
- Bring the true spirit of Christmas
- Utes excited to go to San Diego
- Winter weather is here to stay
- BYU professor remembered
- TCU's BCS game missing something
- Y. profs: Beck not all-knowing
261 - TCU to play Boise in Fiesta Bowl
203 - Letters: Global warming a lie
161 - Cougars going back to Vegas
147 - Utah/BYU rivalry can be more civil
134 - George lost in rivalry hatefest
119 - Ed Smart 'appalled' at testimony
100 - Harpring's NBA career is over
96 - Utahns want health care reform bills
78 - Utes excited to go to San Diego
77
For the latest news in the health care debate and how it affects you...
Amazon.com, Target.com, Sears.com, Walmart.com, Kmart.com and...
To all of you brainwashed and braindead Utahan's, this is what organized...
Thank you so much George! You made my day. And it is not just our paper,...
that every time the Global Warming gang holds a big conference in some major...
The idea that taxes enslave or are stealing is the most anti-american...
The Spurs are under new ownership this year. Their new owner is the Jazz....
Perhaps one thing that should be learned from this experience is that there...
Welcome to socialism. This Obamaland mentality is becoming boring and scary....
nice to see american fork getting some wins and some love from dnews, and...
Tax the religious organizations,you would have a windfall!
TCU or BSU should be playing Florida in the Sugar Bowl, and not each other in...

