Shouldn't the charges be dropped if most of the evidence they claimed they had is not being handed over

Asked over 1 year ago - Brooklyn, NY

My husband is being charged with a 110.125.25 attempted murder B felony. The D.A said they had him on video, then when asked for video, he claime they can't find it . Also the witness said in his report that it was a guy name wayne, which is no where close to my husband name. The witness also stated that my husband was not the shooter. Then changed his statement in the second time he was questioned

Attorney answers (3)

  1. Michael Lewis Marley

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . District attorneys are sometimes poor losers. They might think they can still get a conviction although there are many who understand their mission is to do justice, not just send people to prison.
    Why aren't you asking Hubby's lawyer?

    Law Office Of Michael Marley
    Phone 917 853 4484

  2. Marco Caviglia

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If there was spoliation of evidence by the prosecutor, that may call for sanctions which conceivably could result in dismissal in certain cases. In your case, if the evidence was allegedly inculpatory and now gone, and the other evidence is weak, your husband's recourse is to go to trial, since the saving grace of the system is the government must prove he is guilty. His attorney knows that and most likely will be pressing the case.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. Anthony Joseph Muhlenkamp

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Well said Michael. They either do or do not have him on video. Regardles, if they do, you definitely have a right to the video. Talk to his lawyer and tell him you want to see it asap. Sometimes it does take some time to get evidence together, but lawyers can file motions to compel evidence also. Ask him specifics about this. As for the witness' statements, it sounds like they could still call the guy as a witness, but your husband's attorney could have some real fun cross examining him and pointing out his inconsistent statements to the jury. Good luck. Make sure you husband has a very experienced attorney. This is a serious charge.

    Anthony Muhlenkamp - 314-725-7777; amuhlenkamp@fjrdefense.com, Frank, Juengel & Radefeld, Attorneys at Law, P.C.... more

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