Evidence discrepancies the focus of motions hearing in Civic Center Park shooting trial
A blue phone that turned out to be black. A pair of pants that wasn’t a pair of pants at all, but a vest.
These are two discrepancies in recording details of a shooting victim’s belongings found at the scene last year that formed the crux of defense attorneys’ questioning on Friday in a motions hearing ahead of the accused man’s trial. Matthew Dolloff, 31, faces a second-degree murder charge for the fatal shooting of 49-year-old Lee Keltner on Oct. 10 last year.
What began as a confrontation between attendees of a right-wing political rally and a “BLM-Antifa Soup Drive” in Civic Center Park as the afternoon wound down morphed into a confrontation between Keltner and Dolloff, who was working as security for 9News. As Keltner sprayed a cloud of what appears to have been mace or pepper spray at Dolloff after striking him in the face, Dolloff fatally shot him.
In July, Dolloff’s defense attorneys filed a motion claiming prosecutors lost or destroyed a second cell phone belonging to Keltner, based on evidence records that appeared to indicate two phones, one blue and one black, were among Keltner’s personal items found at the scene.
Evidence records listed Keltner’s phone case as blue, which investigators have said actually turned out to be black, and the initial labeling of a vest Keltner wore as pants. An early report said a phone had been found in the front left pocket of a pair of pants.
But in testimony in August, criminalist supervisor Dan Fox said investigators initially mistook Keltner’s vest found at the scene, in the pocket of which was his cell phone, for a pair of pants. Uncertainty about what the clothing item was and later confirming it was a vest likely led to the confusion, he said. He confirmed in his testimony Friday that no pants were found at the scene of the shooting.
Gabriela McCarthy, a criminalist who walked through the shooting scene the night it happened and helped prepare packaging for the pieces of evidence, testified Friday about mistakenly labeling one package for a pair of pants to be eventually packed up. She explained the evening had grown dark by the time she examined the scene, and she saw a belt that made her assume the vest was a pair of pants.
McCarthy said she didn’t touch the evidence while at the scene, and she wasn’t there when items were photographed or packed up.
“So from my view standing up, not touching the clothes, it looked like pants,” she said. McCarthy said she realized her mistake when unpacking Keltner’s clothing several months later to re-examine it.
Defense attorney Kristen Frost focused on the fact that the vest was also incorrectly written into an evidence list and police report about the scene.
“So we’ve discussed at least three mistakes that were made by you or someone in your office,” she said.
Detective Dan Tregembo also testified Friday. He said when evidence was re-examined over the summer, there were photos taken to document what was taken out of the boxes.
According to Tregembo, he understood the mistakes in recording Keltner’s clothing were “based on different descriptions of the color of the phone and the article of clothing.”
Judge Brian Whitney set the motions hearing to continue Dec. 10.
In August, Whitney ruled evidence about Keltner’s background, such as alleged ties to violent extremist views, isn’t relevant to Dolloff’s trial for the time being. At issue in Dolloff’s case is whether he had a reasonable belief his life was in immediate danger at the moment of the shooting and whether he responded appropriately.
Court documents have also mentioned that Keltner and his son were heavily armed the afternoon of the rally.
Whitney said so far it appears Dolloff’s actions were a reaction to a fight, and not based on an expansive body of knowledge he had about Keltner and his background. But he didn’t close the door permanently on the defense attorneys’ ability to request to bring in character evidence once the trial gets underway, saying the relevance can “change in a heartbeat” based on witness testimony.





