Expert: Judge most likely won't dismiss charges in Lake Wylie murders

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CHARLOTTE — The attorney for an alleged gang member charged with orchestrating two murders from jail says she wants all of the confidential letters that FBI agents took from his cell.

Jamell Cureton's attorney says prosecutors still have some of the letters agents seized back in January, and she is asking a judge to dismiss the charges against him.

However, emails between her and the prosecutor reveal that the U.S. Attorney's Office had a separate team of agents seize the materials and a different prosecutor review them.

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Channel 9’s legal expert says that it's very unlikely a judge would dismiss the charges.

“It's really not realistic to ask that the charges be dismissed,” attorney Tony Scheer says.

He says prosecutors may have sidestepped that issue when they got a team of agents who were not involved in the gang investigation to search Cureton's cell.

In an email to Cureton’s attorney, Chiege Okwara, two weeks after the search, lead prosecutor Beth Greene said agents were specifically told not to review materials in his cell.

She also said that all of the attorney-client material was removed and never reviewed by the agents or by her. Scheer says that may insulate them from any sanctions.

“What the government is talking about here is a process which is not by any means wrong on its face.  They may very well be within their rights to do what they've done,” Scheer said.

A judge is set to hear the case in federal court on May 13.

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