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Boone had prescriptions for Adderall and other similar drugs, Kilgore wrote, and any use of prescription drugs by Boone or others is unrelated to Hall’s incident.
Boones’ texts boasting of using force against those arrested could be hyperbole, jokes, or unfounded, Kilgore wrote, and may have been committed by other officers.
Kilgores ‘motion also states that Boones’ messages with his girlfriend, whom he later married, about incidents that took place the night Hall was beaten were vague and inconclusive. Prosecutors say Boone married his girlfriend to prevent her from testifying against him.
Myers’ legal team is also seeking to exclude a YouTube video in which he conceals his identity from someone filming him. Prosecutors say it’s similar in how they say he tried to cover up his involvement in the Hall attack by destroying Halls’ cell phone.
Boone faces a charge of deprivation of rights under cover of law, a federal violation of civil rights. Myers is charged with destroying evidence for the cell phone, which recorded part of the incident.
Jurors could not agree on a verdict on the charges in a March trial in U.S. District Court in St. Louis, but acquitted Myers of the civil rights charge. They also acquitted Officer Steven Korte of this charge and of lying to the FBI. Korte tried unsuccessfully to be tried separately before trial. He also cited inflammatory texts and messages in which Boone and Myers confessed to what happened that night.
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