The attorney defending a Holmes Beach man accused of stealing underwear from a neighbor’s home recently filed a motion to examine the alleged crime scene.
Defense attorney Mark Lipinski also asked a judge to order the release of reports completed by Florida Department of Law Enforcement Special Agent Terry Thomas.
Ernest Kendler is scheduled to go to trial in October. He was arrested in January for an alleged burglary in November 2010 in Holmes Beach and soon after was released on bond.
The warrant that led to a search of Kendler’s property said a woman told the Holmes Beach Police Department she was missing two dozen pairs of panties and that her 21-year-old sister was missing 16 pairs of underwear.
The woman also said that on Nov. 6, 2010, she saw a man going through a dresser drawer in her sister’s bedroom, according to the warrant. The police report said she believed the man to be Kendler.
In a motion recently filed at the courthouse in Bradenton, Lipinski asked a judge to allow the defense to inspect and photograph the home Kendler allegedly burglarized.
The motion states that the witness told police she heard a doorbell, but did not find anyone at the door. Soon after, the witness said she saw a man in her sister’s bedroom, looking through her panty drawer. The man allegedly said “hello” and then left, slamming the door on the way outside.
Lipinski, in the motion, noted that the investigating officer did not take photographs.
In a separate motion, Lipinski requested the judge order the FDLE to make available reports completed by Thomas. The motion said Thomas was present when the search warrant was executed and heard witness statements to HBPD.