Albrecht Muth attorneys file motion to dismiss, assert missing evidence
Attorneys for a Georgetown man accused of killing his elderly wife have filed a motion to dismiss with the D.C. Superior Court, alleging that prosecutors have failed to “preserve critical items of evidence.”
Albrecht Muth, 49, is charged with first degree murder in the death of his 91-year-old wife, D.C. socialite Viola Drath. Trial has been delayed several times for mental health evaluations, attorney replacements, and several hunger strikes by Muth.
According to the defense motion, investigators refer to a letter Muth gave to Drath’s family within days after her death stating that he was to collect $150,000 in the event of her death.
“In a sworn document one of the detectives in this case indicated [the letter] contained several pages,” court records state. “The government has offered nothing to counter this sworn information but their ‘belief’ that the remaining pages do not exist.”
Defense attorneys allege that they have received only a one-page letter.
This is only the latest development in the wild murder investigation. Muth initially told authorities that his wife died from a fall, but a subsequent autopsy ruled her death a homicide from blunt force trauma and strangulation. The self-proclaimed military expert then changed his story and told police her death was the result of a failed assassination attempt by Iranian agents that was aimed at him.
Muth’s attorneys are asking that the case against Muth be dismissed and that the jury at his trial in December be informed about the discrepancy.
Ryan Kerns, Esq., Wild About Trial
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