Rochester Christmas murder suspect competent to proceed with trial; defense moves to suppress digital evidence

(ABC 6 News) – UPDATE: A Rochester man accused of killing a woman and dumping her body in an Olmsted County ditch over Christmas was declared competent to proceed with a murder trial Friday, Aug. 18.

Mustafa Bush, 40, faces charges of 2nd-degree murder with and without intent, and 1st-degree drug possession related to the death of 41-year-old Kimberly Robinson of Rochester.

Robinson’s body was found Monday, Dec. 26, in Cascade Township by a woman walking her dog.

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Olmsted County attorney Mark Ostrem and defense attorney Graham Henry agreed that Bush was able to participate in his own defense, following a mental competency evaluation.

However, Henry called Red Wing judge Douglas Bayley’s attention to letters from Bush, which reportedly state that since he was transported to the MN Correctional Facility at Oak Park Heights, he had not received medication used to treat neurological conditions.

Bayley deferred to the medical staff at Oak Park Heights.

Bush’s defense also filed a motion Thursday, Aug. 17, to suppress data retrieved from digital devices named in a December 2022 search warrant.

Henry argued that the warrant “was overbroad and lacks specific particularly with respect to the type and date of files sought by law enforcement.”

Bush’s criminal complaint, filed in early January of this year, references multiple digital files used to accuse Bush of Robinson’s murder, including call logs, phone location tracking that allegedly placed Bush and Robinson in the same locations, surveillance footage from businesses in Rochester, and social media posts.

The defense and prosecution agreed to hold an omnibus hearing to discuss the evidence and motion at a later time.

Bush’s next hearing is scheduled for Sept. 15 in Olmsted County Court.

(ABC 6 News) – Rochester man accused of killing a woman and dumping her body in a ditch in Olmsted County is asking for a mental competency hearing.

39-year-old Mustafa Bush is charged with three felony charges including, murder in the second degree without intent, murder in the second degree without intent while committing a felony in connection with the death of 41-year-old Kimberly Robinson of Rochester.

Robinson’s body was found Monday, Dec. 26, in Cascade Township by a woman walking her dog.

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Mustafa Bush’s attorneys are asking that his mental competency be evaluated to determine if he is mentally fit for trial. The prosecution agreed to have Bush examined.

Olmsted County Attorney Mark Ostrem says that this is not uncommon and that in recent years they have seen this happen a lot more.

“We as a system are very just abundantly cautious to be sure that the defendant is understanding in what’s going on and is participating. The nature of this one coming up kind of mid-process is a little bit more unusual. We still need to be very careful,’ said Ostrem.

Bush’s exam must be done within sixty days.

The next hearing for Bush is scheduled for the end of July.