Motion to dismiss Dippolito case denied

Posted at 6:04 PM, Mar 02, 2016
and last updated 2016-03-02 18:40:27-05

Judge Glenn D. Kelley has denied Dalia Dippolito’s motion to dismiss her case. The 33-year-old is facing a May retrial on 2009 charges that she tried to hire a hit man to kill her husband.

In a ruling released Wednesday the judge admitted that “there are portions of the investigation by the Boynton Beach Police Department which are open to legitimate criticism. The police’s shortcomings can be exploited at trial to suggest and argue reasonable doubt. However, based on the totality of the circumstances, the actions of the police here are not so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.”

With that reasoning he denied the motion.

Meanwhile, a major twist in the case could leave her without one of her lawyers.

In a written order, Palm Beach County Judge Glenn Kelley ordered California attorney Brian Claypool back to West Palm Beach to explain his actions at a news conference last week.

During the news conference regarding Dippolito, there are allegations Claypool violated professional conduct rules for disparaging the judge.

Judge Kelley is requiring Claypool to come to court on March 22 and explain his actions.

He could potentially lose his right to practice in the state of Florida.

"At no time did I ever intend to disrespect or disparage the trial judge in the Dalia Dippolito case," Claypool said.

Claypool believes his comments from the news conference were taken out of context.

During it Claypool said: "If the judge follows the sensational nature of the videos you saw again today, if the judge follows the drama in the videos, if the judge feels pressure from the community, if he rules in that regard than he is probably going to deny this motion."

Claypool says he looks forward to clearing the issue up and explaining to the judge what his intentions were after what he called an "emotionally charged" hearing.

"I'm hopeful the judge after hearing my explanation and intentions will not remove my application to finish the case for Dalia Dippolito," Claypool said.

Claypool has also said publicly that the judge is a fair judge. He said in his over twenty years practicing, he has never been investigated this way.