Iroquois County Judge Gordon Lustfeldt has denied a defense argument in the Andrew Condon murder case, claiming police information used to obtain a search warrant was based on false statements.
The judge denied what's legally called a Franks hearing to determine whether the police information to gain the warrant came from false statements.
Condon is jailed in Watseka charged with last October's shooting death of Jonathan Rubin. Rubin was the overnight attendant at the Gilman Shell Gas Station when he was shot multiple times inside the business, just off Route 24.
Condon was arrested and charged with 2-counts of murder.
Court records refer to a surveillance tape showing an argument between Condon and Rubin, but there's no audio providing exactly what was said during the confrontation. The tape however, does show a clear problem between the defendant and the clerk, Rubin.
The prosecution contends the defendant was verbally abusive to Rubin.
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