Defense asks for dismissal over lost evidence

Man accused of hurting toddler

Two Texarkana defense attorneys argued Wednesday that lost crime scene photos and missing audio recordings of witness interviews are cause to dismiss the felony case against a man accused of seriously injuring a toddler in 2013.

photo

AP

Chin Ho-li Knife factory's Wu Tseng-tong grinds knives he's making from recovered artillery shells on the eve of the 53rd anniversary of a massive bombing campaign on Taiwan's Kinmen island, Taiwan, Monday, Aug. 22, 2011. The Communist government forces on mainland China on August 23, 1958, resumed a massive artillery bombardment on Taiwan's outlying islands of Kinmen (formerly Quemoy) and Matsu, and threatened invasion, the event widely known as the 1958 Taiwan Strait Crisis, which continued until October.

Quinton Montel Hope, 29, is charged with second-degree battery for allegedly assaulting a 2-year-old child Oct. 25, 2013. Hope's lawyers, Jason Horton and Matt Stephens, spent several hours late Wednesday afternoon before Miller County Circuit Judge Carlton Jones arguing that the misplaced evidence means their client can't possibly get a fair trial.

At issue are lost audio recordings taped by a former investigator with Arkansas State Police Crimes Against Children of interviews with Hope and of the alleged victim's then-7-year-old brother.

Also missing are photographs snapped by the investigator of the home Hope once shared with the children and their mother.

"Your honor, we come before you today to right a wrong," Horton said. "Mr. Hope is facing five to 20 years, and we're just going to throw up our hands and say, 'You know what, let's just throw him to the wolves. Let's put him on trial.'

"This is not just about Quinton or the injured child. This is about the next case and the next case. By denying this motion, the court will set a horrendous precedent that law enforcement can lose evidence without fear of reprisal."

Horton and Stephens argued that there is little chance the now-10-year-old brother of the alleged victim will clearly recall the days and hours leading up to his brother's admittance to Children's Hospital in Little Rock. Horton said the alleged victim's brother told the investigator his brother had fallen from a bed and struck his head on a post, according to reports by investigators. Horton further alleged witnesses accused the child's mother of beating the victim's older brother "like a man" and that her influence could cause his testimony today to differ from statements he made spontaneously in 2013.

Deputy Prosecuting Attorney Connie Mitchell called two witnesses to testify at the hearing on the motion to dismiss Hope's case. Former Arkansas State Police investigator Emily Hampton and state police Major Ron Staten said they have tried in vain to find the missing evidence.

Mitchell argued that the defense has evidence comparable to the audio recordings in the form of two reports, one written by Hampton, the initial investigator, and another prepared by a co-worker.

Mitchell argued that the reports detailing the substance of the interviews should suffice.

"The defense has wide latitude to cross-examine both witnesses," she said. "Unfortunately there is no way to duplicate these photos."

Mitchell said she dispatched an investigator to the house where the alleged victim, his brother, and mother continue to live in hopes of finding the home similarly arranged to the way it was in 2013, but learned furniture has been moved and replaced.

The lawyers provided numerous references to earlier cases meant to help Jones in his decision. Horton said that while lost evidence isn't proof of bad faith by the state, it denies his client the right to due process guaranteed by the U.S. and Arkansas constitutions. Mitchell said experts for the state will testify that the toddler suffered a traumatic brain injury and had fractured ribs that were healing, indicating abuse of the child was not limited to a single incident.

Stephens argued that dismissing the case is the only way to preserve the system of checks and balances outlined by the framers of the U.S. Constitution.

"Democracy teeters on a precarious perch," Stephens said. "This case must be dismissed."

Jones said he intends to review the briefs submitted by both sides and relevant case law before announcing a decision on the motion to dismiss next week.

 

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