A North Shore judge has rejected arguments from "Miracle" hockey legend Mark Pavelich's defense that guns collected during law enforcement searches of his home should be ruled inadmissible as evidence in the assault case and that two of the four felony counts should be dismissed.
The decision this week by Cook County District Judge Michael Cuzzo also included more details about what law enforcement found during their searches, including the discovery of a suspected booby trap and numerous firearms throughout the home.
Pavelich, 62, of Lutsen, is charged with second- and third-degree assault as well as weapons violations in connection with the beating of a neighbor with a metal pole after a fishing trip last summer. Pavelich, according to the charges, had accused the neighbor of "spiking his beer."
In September, Pavelich was moved from the state's high-security mental health hospital in St. Peter to a less restrictive facility in Sauk Centre as his criminal case moves forward.
Defense attorney Chris Stocke argued in a hearing in October that law enforcement lacked sufficient probable cause when guns were recovered during an initial search immediately after the 911 call on Aug. 15, 2019, and during a court-approved search immediately afterward. Stocke wanted two counts thrown out that allege possession of firearms with missing or altered serial numbers.
He specifically argued that because the alleged crime scene was in Pavelich's driveway, a warrant to search his home, outbuildings and vehicles was "overly broad" and lacked probable cause because there was nothing to indicate evidence of a crime would be found there.
However, Cuzzo said the two sheriff's deputies were within their rights to conduct the searches and denied the defense's motions to suppress the evidence and dismiss the two counts.
"The state submitted sufficient evidence to establish probable cause," Cuzzo wrote.