(By Cleve R. Wootson Jr., cwootson@charlotteobserver.com) Days before his capital murder trial is set to begin, attorneys for the man charged with killing two Charlotte-Mecklenburg police officers said that an investigator withheld, plagiarized and discarded key notes, and that the case should be dismissed.The motion filed late Friday calls for an investigation and contends the misconduct justifies barring the state from seeking the death penalty against Demeatrius Montgomery.