LITTLE FALLS (AP) - An attorney for a Little Falls man accused of killing two teenagers who broke into his home is trying to get first-degree murder charges dismissed.

At a hearing Friday in Morrison County District Court, a lawyer for Byron Smith questioned investigators about what they did after the November deaths of 17-year-old Nicholas Brady and 18-year-old Haile Kifer.

Attorney Steven Meshbesher says there are flaws in the case. He wants the indictment dismissed and evidence kept out of the trial.

But prosecutor Pete Orput says the defense's line of questioning is a "fishing expedition."

A judge will give attorneys until November to file written arguments, then he will make his decision on whether the charges should be dismissed.

Smith is free on bond.

 

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