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MANCHESTER, N.H. (AP) – Manuel Gehring’s lawyer said Tuesday she probably will try to prevent a jury from hearing that he admitted he killed his two children in his van and buried them in the Midwest.

Public Defender Jackie Colburn told a judge she probably will ask that anything police collected from Gehring’s van also be blocked from trial. That evidence includes pools of blood, bullet holes and tools that may have been used to bury the children.

Colburn’s comments came during a hearing in which she objected to the state’s request to continue searching Gehring’s van. The van has been returned from California, where Gehring was arrested a week after he and his children disappeared from Concord on July 4.

The state said authorities initially searched Gehring’s van in California after he gave permission, then a day or two later, after getting a search warrant. Colburn maintains both searches were illegal, that any information the searches yielded is inadmissible and that continuing the search in New Hampshire also would be illegal.

“It’s quite probable that we will be looking to suppress a number of things, not limited to any statements made by Mr. Gehring, the supposed consensual search of the van and the subsequent search” by search warrant, she said.

Colburn did not specify why she believes the searches violated Gehring’s rights.

Gehring has pleaded innocent and is being held without bail in the deaths of his 11-year-old son, Philip, and 14-year-old daughter, Sarah.

Gehring was arrested in California after a cross-country drive from Concord. His van was shipped back to Concord last week and is under seal at the Concord Police station.

The state said it basically is asking to continue a search that was authorized by a judge in California.

“The fact that it has changed jurisdiction shouldn’t factor into the court’s decision,” said Assistant Attorney General Jeff Strelzin.

Colburn said changing jurisdictions means the search, and the legal process for getting a warrant, should start from scratch. That means the state should have to justify its reasons for going back into the van.

“They had an opportunity, whether it was legal or otherwise, to search that van, to search it extensively,” Colburn told the judge. “My analysis is that it starts fresh. In order to do something more, they have to give us a reason why.”

Strelzin said he believes authorities acted appropriately in searching Gehring’s van in California and that a continued search only makes sense.

“There are other items that were left in the van after the search in California and obviously, we want to take a look at them as well,” he said.

Judge Philip Mangones said he would take the request under advisement.

Mangones also unsealed records kept by a court-appointed psychologist who represented the children and met with Gehring, but only for lawyers in the case. Defense lawyers did not object.

Gehring looked down at the floor as he entered and left the courtroom, his ankles shackled. In a soft voice, he answered several procedural questions from the judge.

Colburn would not comment on Gehring’s medical condition, other than to say he is “very distraught.”

Previously, she said “severe mental health issues” might be involved.

Strelzin said he expected the judge would rule on the search request within a week or two.

As part of Tuesday’s proceeding, Mangones put off a hearing at which the lawyers will discuss pre-trial deadlines, and possibly a trial date, until Dec. 8.

AP-ES-09-16-03 1359EDT


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