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Missing Evidence Could Make Case disappear


Viewed: 4292

Posted by: Staff
Date: Dec 15 2016 5:25 PM

Covington county circuit Judge Charles Short Heard arguments on a motion to dismiss charges of Solicitation of a child, and electronic transmission of an obscene image in his court today. The accused man Trenton Driver entered the courtroom accompanied by his lawyer William white and a host of family and friends. Sam Clenney represented the State. The judge heard from white that the Henry Sheriff's Office had lost not only 100 text messages, but the two phones and the computer they were on. White told the judge, " without the evidence the prosecution cannot prove intent". White also told the court that it was the defense not the DA that discovered the evidence was missing and had to convince the state it was gone. "The only way for the state to prove my client did anything wrong is for him to testify against himself", White said. White asked Judge Short to dismiss all charges, or at the very least to suppress the interview transcript since it was based mainly on questions from the now missing text messages.


Assistant District Attorney Sam Clenney told the judge there was some evidence remaining that could be used but if the statements made by the defendant were excluded, "then our case is dead in the water", Clenney said. Clenney told the judge that Henry county Deputies routinely respond to Craigslist advertisers posing as children in sting operations, and Driver's case is just one of many advertisers that are targeted. "Just because the evidence is missing does not mean it is exculpatory", Clenney told the judge in response to Whites claim that the messages and devices were crucial not only for the state who has the burden of proof but for the defense as well to offer proof that Driver did not solicit anything.


Judge short said he would rule on the motion soon. William White spoke briefly with reporters after the hearing, and said there is clearly no evidence, and therefore no case to move forward.




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