Attorney

Attorney of Suspect in Brutal Beating Case Wants Cellphone Evidence Preserved

New details have been released surrounding the man accused of attacking and brutally beating a woman into a coma. The suspect's attorney wants to secure evidence from his client's cellphone but that was challenged by the prosecution.

Byron Mitchell was back in court Wednesday. Prosecutors said he nearly killed his roommate, Danielle Jones, who he met through Craigslist.

"This is defense counsel's motion to inspect physical evidence," Judge Rodolfo Ruiz said.

"All I seek to do is look at the cellphone and I'll do that in the presence of the prosecutor," said John Sullivan, defense attorney.

Mitchell's defense attorney said the phone has information that could show his client is innocent. He's afraid that information could be accidentally erased.

"Once the state has finished their examination, the defense could have the opportunity to complete their own," the prosecutor said.

A forensic investigator will make the contents of Mitchell's cellphone available to attorneys next week.

Meanwhile, Jones remains in a coma. Her mother said nurses have seen signs of her waking up.

"They're still not giving me any promises. They still cannot give me a prognosis, not until she comes to, not until she gets out of the coma," Aimee Nikolov explained. They also told her that Jones' recovery is going to be a long one.

Mitchell remains behind bars with no bond. A special hearing to see whether he can get a bond set is scheduled for next Thursday.

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