Judge Denies Albrecht Muth’s Motion to Subpoena General Petraeus

Albrecht Muth, the man charged with killing his 91-year-old wife Viola Herms Drath, has previously pleaded with the court to allow former U.S. General David Petraeus to testify in his murder trial to validate Muth’s military service, and to exonerate him of Drath’s murder.

On Thursday, though, Judge Russell Canan denied a defense motion for Muth’s counsel to subpoena Petraeus, or anyone beyond 25 miles from D.C.

Muth’s defense attorney, Craig Hickein, argued, though, that Petraeus was a necessary witness for the defense, and that there is a common connection between Petraeus, Muth, and Drath. But prosecutors said Thursday that Petraeus has no relevant testimony to give in the trial, and that Petraeus has told the government that he has never met Muth.

Court documents state that Petraeus also told prosecutors that he has no information to provide regarding Mutht’s military service, or occupation, and all he knows about Muth and Drath is from what he has read in the news.

Muth, 49, is charged with first-degree murder with aggravating circumstances in the death of Drath, who was found on August 12, 2011 beaten and strangled in her home.

Since his arrest Muth, 49, has claimed he was a brigadier general in the Iraqi army, and that Drath was killed by Iranian agents. In December 2012, Muth began an on-again-off-again self-induced fast which has kept him from being present in court.

Dr. Russom Ghebrai, Muth’s personal physician, told the court Thursday that there has been no significant change in Muth’s medical condition since an October hearing in which Muth was determined to be physically unable to stand trial.

“I would not say it’s worst,” Ghebrai said of Muth’s condition Thursday. “He is eating sometimes, and fasting most of the time.”

The case is scheduled for a hearing of evidence on November 26. A trial date is scheduled for December 2.

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