"If I told him I lied, he wouldn't want me no more."

 

Before closing arguments this morning, Judge Timothy Canning heard arguments on the People's motion regarding the Brady violation.

The People's motion also included going over the rulings Judge Canning had made regarding the defense motion for dismissal and defense arguments on Trombetta.

These issues and arguments were covered in detail last week. Judge Canning did not change his rulings on the defense motions to dismiss, which he denied, without prejudice 

Deputy District Attorney Roger Rees is the prodecutor for this case. Deputy DA Steven Steward is second chair. Mr. Rees is out of the office for religious reasons. Mr. Steward is presenting tue closing.

Deputy Conflict Counsel April Van Dyke is Tsarnas' attorney.

Mr. Steward provided additional case law on the Brady violation. Ms. Van Dyke said, "The People's motions is riddled with inaccuracies. " Then she read from the transcript of what Craft testified to in court.

"If I told him I lied, he wouldn't want me no more," said Craft.

"If I had not discovered this, " said Ms. Van Dyke, "it would have never come out and that is problematic."

Judge Canning vacated the ruling today and said evidence was not suppressed but also said, "The Court is still concerned about this information" and reiterated Ms. Van Dyke's concerns.

Jury instruction 306 will be read. This is not the exact language but it will state Craft fibbed and the prosecution failure to disclose.

Regardless of Judge Canning's rulings, the People by their rearguing the motion and this jury instruction are admitting that their key witness has credibility issues and they did screw up.

Ms. Van Dyke is reviewing exhibit C 2 before closing arguments.

The District Attorney's office filed a peremptory challenge to Judge Canning in the Jason Smith case that was trailing Tsarnas. 

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