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Posted: Friday, 22 August 2014 9:26PM

Attorney Wants Murder Case Thrown Out



WICHITA, Kan.  -  A Wichita murder case is being called into question because of the Brady-Giglio policy, which deals with police officers who may not be credible witnesses.

In court Friday, a defense attorney for murder suspect Kyler Carriker filed a motion to dismiss the case against him for misconduct by prosecutors. Attorney Sarah Swain claims the district attorney's office broke the law by not disclosing witnesses, including Wichita police officers who have credibility issues - which made headlines earlier this week.

"I don't believe defense attorneys have been giving the information in a timely manner about what officers have these issues," Swain said.

Carriker is charged in the 2013 murder of Ronald Betts. His attorney, Swain, said it wasn't until after she filed a subpoena a few weeks ago that the district attorney's office disclosed some of the officers on the witness list have credibility issues.

The U.S. Supreme Court's Brady-Giglio policy requires prosecutors to disclose to the defense any witnesses, including police, who have dishonesty issues or criminal records in their past.

"They are required to give it to us, without us asking for it, without us filing a motion for it, without us issuing subpoenas," Swain said.

Swain said that didn't happen in Carriker's case, so she is calling for the felony murder charge against him to be dropped.

District Attorney Marc Bennett released the following statement regarding the case:

"As our attorneys in open court said this morning, we would certainly dispute that allegation. As soon as we know we are going to call a witness with Brady-Giglio issues, we disclose that to the defense."

Bennett pointed out that not every officer on the witness list will be called to testify in Carriker's case. In fact, he said doesn't know who will be called to the stand just yet.

In the meantime, Carriker's mother, Jennifer Winn, is calling for Bennett to step down because of misconduct.

"I'm done with people who are playing games and destroying people's lives," Winn said.

The defense attorney also claims the prosecutor will not allow her information on possible gang members who are expected to be called to testify. Bennett said he has offered to show her that information at any time that she wants to come to his office.

 

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08/22/2014 9:28PM
Attorney Wants Murder Case Thrown Out
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