Mar 8, 2021

People's failure to provide cell phone analysis leads to Acosta and Caroll's jury trial being vacated

 



Trial confirmation for Michael Acosta and Sarah Carroll was scheduled on March 8. Jury trial scheduled for March 22 was vacated. Trial setting is on April 7.

Ms. Andrea Sullivan is Carroll's attorney. Mr. Acosta is representing himself.

Mr. Acosta said he was not ready to proceed."Basic discovery has not been provided by the People. I don't have the cell phone analysis for the co-defendant. It is exculpatory evidence. There has been no continuance in this matter. I am making an oral motion to continue."

Deputy District Attorney Jane Mackie is the prosecutor for this case.  Today, she made a brief appearance. Deputy DA Shelly Small handled most of the case for the People. 

Ms. Small read from the file what had been provided. Judge Christopher Wilson said "Mr. Acosta's request is very specific."

Ms. Sullivan said she did not have the material referenced by Mr. Acosta. She said she had not received any forensic download of any cell phone.

Ms. Sullivan said,"this case makes reference to several confidential informants. " She said no witness list had been provided by the People.

People waived written notice regarding the motion to continue. Mr. Acosta's motion was granted by Judge Wilson. Defense counsel was told to submit a formal request for discovery.

Previous post:

https://johnchiv.blogspot.com/2020/10/acosta-and-carroll-arraigned-on-five.html?m=1

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