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Attorney seeks dismissal in home invasion case

By Janice Gregorson

The Post-Bulletin

The attorney for a St. Paul man facing a string of charges in connection with a violent home invasion has moved for dismissal of the complaint.

Attorney George Restovich says there is no probable cause to support the charges brought against Andrew James Pittenger, 21.

Pittenger faces nine felony counts. He was charged in late March in connection with a home invasion early Dec. 6, 2006. The complaint alleges that three people entered the home, brandished guns and taunted residents at the home in northeast Rochester. No one was injured.

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The complaint said one of the suspects pointed a gun at one of the victims, said "here’s something for you," cocked the gun and ejected a round out of the chamber onto the victim’s bed. The round found at the scene matches .32 caliber ammunition found at Pittenger’s residence during a search, the complaint said.

Pittenger’s father, Rochester Police Capt. James Pittenger, told investigators that his .32 caliber semi-automatic caliber handgun was missing from his Rochester residence. He said his son had access to his residence.

Restovich said all evidence seized in the search should be suppressed because the affidavit made in the search warrant application lacks probable cause. He also contends the search warrant was not executed in compliance with state and federal constitution guidelines.

A hearing on the motion is scheduled for Aug. 1.

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