It Was Right To Dismiss Manslaughter Case

The judge has dismissed the case and it can never be refiled. >> The court also has power here in power. >> Per state versus Lanier were discovery violations inject needless delay in the proceedings courts may impose meaningful sanctions. >> To their inherent power and promote efficient judicial administration. The states discovery violation has injected a needless and curable delay into the instant church I dismissed with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice.

Your motion to dismiss with prejudice is granted. >> And this morning we want to welcome a very special guest on to the program you saw her in action in this trial. And she resigned right before that hearing started want to welcome in special prosecutor, Linda Johnson or Linda good morning to you thank you for being with us. Good morning start please with thank you resign would you share with us the reasons behind it please. >> as you I think all heard.

>> On Thursday evening or Thursday afternoon Mister Mister problems lead defense counsel cross examined the crime scene technician about this ammunition that had not been turned over or made available to the defense and that’s the first time I learned of the existence of this ammunition that have been tagged and under a separate case number.

Then on Friday morning when we show up to court and the court ordered that the ammunition be brought into the courtroom a few call it the judge dramatically opened this envelope and and be so. Well it started being taken out of the of the envelope and categorized by the type of ammunition according to the report that was tagged and under are submitted and are separate case number. 3 of the rounds appeared similar to the rounds that were found on the set of rust. And so at that point in my mind this hasn’t been turned over.

This hasn’t been made available to the death sense. The state hasn’t done anything with this and I believe that at that point the right thing to do would have been to dismiss this case.

>> Tell us what you did once you learned about this in the testimony when many Americans learned about it what did you do. >> I inquired first of all I ask who is torn Caskey was asking my co-counsel is asking the detective was this individual and when we It was explained to me well these rounds. We’re not similar to the ones found on cent and there are different.

And the question was why wasn’t it made available to the defense and that’s a question I keep asking and. The belief was these were irrelevant to these were irrelevant because they had nothing to do they didn’t looks like the one sunset it and I’m not sure Michael Castle had even looked at the East physically look at some photographs and then on Friday morning when we arrived import and actually look at the evidence and look at the rounds, 3 of them as they said appeared similar to the ones that have been found on set.

>> Erland at that point did you tell Kerry Morrissey that we should withdraw the charges. >> And if you recall the judge excused the jury for the day. The we requested breaks we all conferred.

Reaction was I think we should walk in there and moved to dismiss. This is a violation. And keep in mind. I mean this this was I believed in this case I I believe that there was reckless conduct on set a woman lost her life a woman was killed. But it’s the same time.

I took my job as a prosecutor very seriously and. Evidence has to be turned over we don’t get to dictate what the defense is going to be if it’s material potentially materials that could assist in raising potentially reasonable doubt or impeachment witnesses. >> It has to be turned over or Linda you’re exactly right.

So when you told her what should be done what was Kerry. Morrissey is response then.

>> I’m sure to think about it and then I believe in the end. >> What she wanted was to just put all the facts in front of that court in front of the public. How these rounds came to be had how it all transpired how the state did not believe that this was relevant and it is possible. >> It may not have been relevant. >> And the jury could have just disregarded that.

But it needed to be provided and they needed to be litigated in Port whether that was going to be introduced are used.

The point is it wasn’t provided that was my issue. >> And you’re right. Yeah, I think please go ahead I didn’t mean to interrupt, you know summary. And in the end.

When we came back after lunch I. I sat there and I thought this isn’t right. This just does not write this. This should be dismissed on the state’s motion. And so that’s when I asked who approached and asked to withdraw.

>> You upheld your ethical duties as a special prosecutor and the judge of see granted your request to withdraw and we all learned about it is you know when Kerry Morrissey made the decision to testify I and Mister spiral crossed her on on it and when she was asked about the reason why you was true she said IM paraphrasing here.

I don’t know her exact words, but it was something to the effect of well it’s my understanding that MS. Johnson didn’t agree with having this hearing here. Today now hearing with you’re saying that doesn’t seem like it was an accurate representation of why he withdrew. >> That that’s correct inside as I remember correctly it was watching I was told afterwards that she said the reason I withdrew is because they didn’t agree.

>> To a public hearing on the motion which was not accurate. I didn’t agree with going forward with the hearing. I believe my thinking was the state should do the right thing and go in there and file a motion to dismiss.

It is unfortunate. It was unfortunate for halina Hutchins family that the defendant has rights of the defendants and title to due process and to have all the evidence disclosed.

>> You’re spot on your spot on up. >> Holding your duty and the oath you take when you serve as a prosecutor you’re exactly right.

It wasn’t. >> For her to. >> Decide it should have been turned over and as you said that it’s for the jury to decide and defense counsel to choose to do with it what they will.

>> Speaking of the defense case you said earlier you believe in in the case and the prosecution. I’m curious what you thought of the court’s decision to dismiss with prejudice because we know the judge had the option to just declare a mistrial postpone the cup they say maybe 90 days allow time for testing a lot of time to regroup set a status conference in and push it out for trial in another date. Did you agree that dismissal with prejudice was the right remedy. >> You know at that point I think that obviously as we all know jeopardy had attached. She could have declared a mistrial witness city.

But unfortunately there have been previous issues and this one was in the middle of the trial. I think for the judge that was just too much. >> Speaking of too much you know, there’s a strong reaction from many trial watchers watching Kerry Morrissey that was certainly something we don’t see every day were a prosecutor calls themself and give us a narrative and that is cross examined.

What did you think of her decision to do that. >> It was I have those it’s very unusual I’ve never seen in my 28 years of practice, I’ve never seen a prosecutor take the stand.

>> Early to tell me I in terms of what should happen with Hannah do you believe she should get a new trial now based on this nondisclosure of the evidence. >> You know, that’s that’s a little bit different is it’s I think you know I was not involved in the hand of that year’s trial at all my understanding which I on Thursday evening Friday morning is there. Mister test he was a defense witness for Hannah Gutierrez and Mister chair says Council asked that those rounds be brought out to court by Mister chesky and then counsel for Mister tears at said. He was not going to call Mister test and sent him away and that’s when Mister chesky apparently went to the sheriff’s Department department excuse me and surrender those those rounds. But I understand that there are other reasons that counsel for Mister chair says moving to set her conviction aside there was the disclosure of ace 3rd expert, as firms expert report that was not made available to the difference in that case that is a bit the issue that I believe has already been raised to will be raised as far as the rounds.

It really and on because the defense and the chairs was aware that’s the difference between the Baldwin case and that that airspace involved in the defense has not given those or given the report. Given the opportunity to inspect those rounds and with chairs Council was aware of those rounds in fact it was his witness brought them to my understanding was that he showed them to Council and then he was sent away the witness was sent away so that’s a little bit I think that he says sheep or excuse me she’s in a little bit of a different posture as it relates to that evidence there may be other evidence that.

May come into play. >> The service a basis for that too right, I know that attorney Jason Bowles does have a few other things he’ll be on with us tomorrow morning. So we’ll certainly ask him off want to see a big thank you to you thank you or Lyndon Johnson for being so transparent I I just say you would know this because you were busy in the courtroom on Friday but prior to all of this occurred and the big We had done a segment on you because we were so impressed with your advocacy and the lawyering that you displayed in the courtroom, I know you’ve got many years’ experience as a prosecutor and as a criminal defense attorney now and it showed and so I think what we’ve really learned just what a.

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