Brian G. Fitch Sr., the 40-year-old man serving a life sentence for the July 2014 murder of Mendota Heights Police Officer Scott Patrick, is seeking the return of nearly $3,000 seized during his arrest.
Lauri Traub, a state public defender representing Fitch, filed a motion in Dakota County District Court this week stating that Fitch will ask for the return of $2,993 at a May 7 hearing.
The cash was seized during Fitch's arrest on July 30, the night of Patrick's death.
In addition to the cash, St. Paul police found ammunition, brass knuckles and a map drawn on a torn Jimmy John's bag on Fitch when he was detained following a gun battle with officers.
According to the motion, St. Paul police failed to file a required forfeiture notice in a timely manner and must return the money. Traub declined to comment on the motion.
Deputy Dakota County Attorney Phillip Prokopowicz said Tuesday that prosecutors will oppose the motion because they want to retain all evidence until Fitch has exhausted his options to appeal. The cash was one of 136 pieces of evidence introduced during the six-day trial held in St. Cloud in February.
Fitch was convicted of first-degree murder for killing Patrick during a routine traffic stop. He was also convicted of three counts of attempted first-degree murder for engaging in the gun battle with St. Paul police. Fitch was sentenced to life in prison without the possibility of parole.
His sentence also included an order to pay restitution in an amount that has not yet been set. The question is whether part or all of the seized funds could be used to pay any restitution, Prokopowicz said.
