A judge has approved the search of a cellphone belonging to a suspect in an Evergreen toddler’s murder case, after a defense attorney tried to quash the warrant.

Flathead District Judge Heidi J. Ulbricht issued the order on Monday denying a request from the attorney representing 21-year-old Brandon Newberry. 

He is facing deliberate homicide charges in the February death of his girlfriend’s 2-year-old son.

The Flathead County Sheriff’s Office filed for a search warrant in late February after Newberry had been arrested. The warrant was for the contents of Newberry’s cellphone, including text messages, call logs, photos and web history. 

The warrant was approved on Feb. 26.

Defense attorney Greg Rapkoch had asked the judge to dismiss that warrant on March 3, claiming that Newberry was entitled to a probable cause hearing prior to the warrant’s approval.

Rapkoch argued that “the state has opened a discreet search warrant file with the district court to which the defendant does not have access,” according to court documents.

Prosecuting attorney Andrew Clegg argued that there was no legal precedent that bans issuance of a search warrant after charges have been filed. He added that state statutes were followed in the warrant.

The two sides went back and forth through court briefs until Monday when Ulbricht sided with the prosecutor. 

In her brief, she said that the defense attorneys’ claims were unfounded, even calling them “vituperative attacks.”

Newberry is charged in the death of 2-year-old Forrest Groshelle. 

Newberry called 911 on Feb. 17 and reported that Groshelle was unresponsive. According to court documents, Newberry could be heard saying, “It’s my fault, it’s my fault” over the phone.

An autopsy later found that Groshelle died of internal injuries related to blunt force trauma to the abdomen.

Newberry pleaded not guilty on Feb. 26, the same day the cellphone search warrant was approved.

The case is now on its third judge, as first the defense and later the prosecution requested replacements. A gag order was also filed early on in the case to prohibit those involved in the case from speaking with the media.

Newberry could face up to 100 years in prison if convicted. He remains in the Flathead County Detention Center on $250,000 bail. 

The next court hearing in this case is May 6. Trial is scheduled for September.

Reach reporter Matt Hudson at 758-4459 or by email at mhudson@dailyinterlake.com.