Hollister
– The San Benito County District Attorney’s Office handed over
delayed evidence Tuesday to gang murder suspect Emilio Roman’s
defense attorney.
Hollister – The San Benito County District Attorney’s Office handed over delayed evidence Tuesday to gang murder suspect Emilio Roman’s defense attorney.
The move should allow the case to continue forward. District Attorney Candice Hooper previously told the Free Lance that the delay was due to Hollister Police Department staffing shortages.
Greg LaForge, 17-year-old Roman’s attorney, filed a motion for sanctions Tuesday morning against the prosecution for delaying access to evidence against his client. Those sanctions included holding the district attorney in contempt of court, prohibiting testimony of the prosecution’s witnesses, prohibiting the presentation of real evidence against his client and the advising of any potential jury of the district attorney’s failure and refusal to disclose evidence, according to court documents.
But LaForge received an additional 423 pages of evidence Tuesday night before appearing in court to discuss the sanctions Wednesday.
Although he now has the evidence, LaForge still believes the prosecution should be sanctioned for not turning over the evidence earlier.
LaForge requested that the motion for sanctions be postponed after receiving the evidence during a brief court appearance Wednesday. That motion is scheduled to be heard at the same time as another motion seeking to consolidate his client’s case with that of co-defendant Gonzalo Munguia, 18, in the July death of 18-year-old Hollister resident Daniel Gallegos. LaForge said Wednesday that he needs additional time to review the new evidence before proceeding with either motion.
LaForge believes some of the evidence he requested has yet to be turned over. District Attorney Candice Hooper said that LaForge is not entitled to the evidence being withheld.
“That argument is too little too late,” LaForge said. “It’s too late for Hooper to come in and do that.”
LaForge said the prosecution missed its opportunity to oppose his motion for discovery when he filed it in September 2006.
Roman is scheduled to appear in court for both motions on Feb. 8.
