The lawyer for a Semmes man convicted of killing a retired police K-9 dog has accused the prosecutor of misconduct and is seeking a new trial.
og has accused the prosecutor of misconduct and is seeking a new trial.
Rone accused Assistant District Attorney Michaelyn Gober of making false statements about the evidence to the jury. He argued Gober told jurors that Foreman and defense witness Stephanie Johnson lied when they testified that they spoke to a deputy. The District Attorney’s Office argued in a response filed Wednesday that the judge should dismiss the defense request on procedural grounds – that he failed to make an objection during the trial.
The transcript, Rone wrote, indicates that the deputy never said that he did not speak to anyone and that he testified that he did not know if one of the other responding officers talked to the defendant. The written response by the District Attorney’s Office states that neither prosecutor involved in the case “is aware of a witness “’recanting’ in the manner the Defendant alleges.”
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