Thread by @bmorecourtwatch

Recap of Today’s events in court for #FreeKeithDavisJr (1/?)

- today was exclusively hearing motions. jury selection begins Monday first thing
- no major motion granted for defense
- several motions denied, several rulings held sub curia
- some important details became public

https://twitter.com/bmorecourtwatch/status/1149763305113817089

Judge Cox denied dismissals based on discovery and evidence shenanigans.

Def brought up stalled, ‘lost’, and withheld discovery including some not provided until yesterday at 4pm.

#FreeKeithDavisJr (2/?)

Def detailed “missing” test fire shells from 2015 test. These were from the gun “found” near Keith and used by ballistics examiners to “match” gun to murder scene. Def discovered these test fire shells were ‘missing’ after last trial.

#FreeKeithDavisJr (3/?)

Def was still requesting discovery be turned over including ECU logs. Def educated the court that Det. Mark Veney apparently didn’t turn over one of two cell phones found on Kevin Jones until roughly *9 months after the murder*.

#FreeKeithDavisJr (4/?)

That means he held onto evidence from a murder scene until after Keith’s first trial for an unrelated robbery (where Keith was vindicated by a jury) and then suddenly decided it should be in evidence control? Why? Where was it that whole time?

#FreeKeithDavisJr (5/?)

There was discussion of discovery related to phone extractions. Levi (PD) mentioned 2 extractions (two cell phones found on victim) were done and one still not turned over.

#FreeKeithDavisJr (6/?)

Seidel (ASA) replied that the two extractions referred to by Det. Veney on the stand (in previous trials) were one victim cell phone and one from Keith’s phone. One victim phone was not extracted per known liar Patrick Seidel.

#FreeKeithDavisJr (7/?)

Levi mentioned a conversation w/ FBI Agent Richard Fennern (who did the extractions despite not being trained to do so) where he said both victim cell phones were extracted. Defense maintained one is missing. State says that one wasn’t done.

#FreeKeithDavisJr (8/?)

Known and documented liar Patrick Seidel at one point even tried to proffer that Fennern had told Def. Atty Deb Levi that only the 2 extractions done were as Seidel argued (1 victim, 1 defendant - not both victim phones) DESPITE NOT BEING ON THAT CALL!!!

#FreeKeithDavisJr (9/?)

Important to say that Richard Fennern has a history with massive discovery violations. @theintercept (who has covered Keith’s case - thank u @alicesperi) wrote about his role in the trial stemming from the Pulse mass shooting.

#FreeKeithDavisJr (10/?)

theintercept.com/2018/03/22/at-…

FBI Agent Richard Fennern’s role is notable in two ways in Keith’s case.

1) similarly could know of evidence withheld by prosecutors (cell tower data for Pulse vs. cell extraction for Keith’s case.

#FreeKeithDavisJr (11/?)

2) he’s known for his devotion to cell tower junk science

Like much of forensics its presented in vry misleading ways to juries. In Keith’s case, it’s been argued to put him ‘right by’ a murder. The context is that it puts about 10,00 other ppl there too

#FreeKeithDavisJr (11/?

Discussion then moved to an amazing series of revelations related the late dumping of IAD files requested months earlier by the defense at 4pm yesterday the day before the trial started.

#FreeKeithDavisJr (12/?)

The IAD files given to the defense brought to light many outrageous things detailed well here by @expandyourfocus

https://twitter.com/expandyourfocus/status/1149708948108435457?s=21

#FreeKeithDavisJr (13/?)

In short (it’s gonna be 2 tweets lol)

- ballistics examiners are failing proficiency exams and still working
- examiners choose co-examiners leading to feedback loop bias
- the main examiner in Keith’s case (James Wagster) has eyesight problems

#FreeKeithDavisJr (14/?)

Cont in short:

- there’s a bullying culture well documented in IAD files, including a serious assault when one examiner questioned the competence of others❗️🚨

So much more to say about this forensics office, but that’ll have to be a whole other thread

#FreeKeithDavisJr (15/?)

Another discovery issue (were still on discovery 15 tweets in) brought up by Def was about LEICA scans of the garage Keith was shot in that NO def team of Keith’s has had access to in 4 trials. It gives a way to examine a room & piece together the scene.

#FreeKeithDavisJr (16/?)

As we’ve seen with each def team Keith has had, the version of this evidence given electronically to Keith’s atty is unusable without the proper application - WHICH THEY ALWAYS FAIL TO PROVIDE. That renders it useless.

#FreeKeithDavisJr (17/?)

Def motion to only refer to a pimlico security guard as Mr. Singletary was denied. State previously called him officer to give his words more authority. Judge Cox wants him referred to by his title of ‘Major’.

#FreeKeithDavisJr (18/?)