Judge Declines to Dismiss Charges in Fred Russell Case - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge Declines to Dismiss Charges in Fred Russell Case

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SPOKANE, Wash. -- A Whitman County judge has declined to dismiss vehicular homicide charges against former fugitive Frederick Russell.

Russell's attorneys had asked Superior Court Judge David Frazier to dismiss the charges because a state lab accidentally threw away blood evidence showing Russell was drunk at the time of a 2001 accident that killed three Washington State University students and injured three others.

Frazier said Monday that Russell, 29, will stand trial in Kelso starting Oct. 15 for three counts of vehicular homicide and three counts of vehicular assault. The trial was moved there because of extensive publicity.

Weeks before his trial was supposed to start in 2001, Russell fled the country and was later placed on the U.S. Marshals Most Wanted List. Police tracked him down in Ireland in 2005, and he was extradited to the United States.

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