Brandon Case and his father, Gregory Case, were charged with attempted first-degree murder, conspiracy and shooting into the vehicle driven by D’Monterrio Gibson in January 2022.
Reason for mistrial:
Judge David Strong issued his ruling Thursday morning, a day after the defense asked for a mistrial because Brookhaven police Detective Vincent Fernando acknowledged under oath that he did not give the prosecution or defense a videotaped statement police had taken from Gibson.
…
The judge ended Wednesday’s court session early because Fernando acknowledged under oath that he had not previously given prosecutors or defense attorneys a videotaped statement. The jury was not in the courtroom when he disclosed this.
“The bottom line is, this file should have been turned over to the D.A.’s office prior to the indictment and by file, I mean the entire file, including a video recorded statement of the victim, which was also requested by the defense to the D.A.’s office,” Strong told Fernando on Wednesday. He added that Bates acknowledged the request had been made and said that he had been told it didn’t exist.
And possibly also some police obstruction of justice:
Moore [the complainant’s lawyer] said he would ask the Justice Department’s Civil Rights Division to investigate the police department’s conduct in the case for potential obstruction of justice.
“We are hopeful that the Department of Justice’s involvement will help shed light on this serious matter and ensure that justice is served,” he said.
Moore has previously said he believes police were not thorough in the investigation and questioned why it took almost 10 months for Gregory and Brandon Case to be indicted.
So will they need to refile charges to get the video? Or get the video and then decide to refile or not?
I can’t figure out what outcome the cop was trying to achieve by withholding the video. The defense asked for it. The white guys. Maybe the cop is Black and wanted them to lose?
Never rule out simple incompetence.
Cool, they need to try this as a federal hate crime then. Trying to get a far trial in Mississippi for a POC is like trying to squeeze water from lava.
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You do realize that means very little in the South, right?
“Patrick Braxton accomplished something no other black resident of the City of Newbern had ever accomplished since the city’s founding in 1854: he was duly elected Mayor of the City,” the lawsuit claims. “However, the minority White residents of the City, long accustomed to exercising total control over city government, refused to accept this outcome.”
Black mayor of tiny Alabama town says he was ousted by his White predecessor
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Brookhaven is 57% black.
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