Gerlach's Lawyers Intend To Bring Up Kaluza-Graham's Criminal Hi - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Gerlach's Lawyers Intend To Bring Up Kaluza-Graham's Criminal History And Drug Use

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Gail Gerlach (left) is being charged with Manslaughter after shooting and killing Brendon Kaluza-Graham (right) as Kaluza-Graham was driving away in Gerlach's SUV Gail Gerlach (left) is being charged with Manslaughter after shooting and killing Brendon Kaluza-Graham (right) as Kaluza-Graham was driving away in Gerlach's SUV
SPOKANE, Wash. - The lawyers for Gail Gerlach tell KHQ they intend to bring up Brendon Kaluza-Graham's criminal history and drug use during Gerlach's upcoming trial. 

Gerlach is being charged with First Degree Manslaughter for shooting and killing Kaluza-Graham as he was stealing Gerlach's SUV. 

In documents received by KHQ on Tuesday, Gerlach's attorneys stated they intend to bring up Kaluza-Graham's criminal history and his violent behavior towards police when resisting arrest. Gerlach's defense team also said they intend to raise the issue of the large amount of meth found in Kaluza-Graham during his autopsy and the meth found on his body, which the defense team says was packaged for possible resale. 

In addition to the criminal history and drug use, the defense team says Gerlach intends to invoke his spousal privilege and his wife may not be examined or called upon as a witness for the state. Gerlach does reserve the right to call his wife as a witness in his defense, however. 

Gerlach's lawyers also said the judge will have to decide if the information is permitted. If the judge doesn't allow it, the defense can't bring it up. The actual decision will be made before the trial actually begins. Earlier, the judge did decide that any statements Gerlach made prior to being given his rights are inadmissible. 

Gerlach's next court appearance is scheduled for March 5th, 2014. His trial is scheduled to begin on March 31, 2014. 
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