Attorney Gregory Carter is frustrated by a delay tactic used to keep our client in jail while he awaits trial. Essentially, the prosecution wanted to postpone the trial, which was set to take place on Monday, December 13. The Assistant District Attorney argued the suspension was necessary to give the prosecution time to analyze evidence and allow the codefendant to testify, as he wasn’t available the week the trial was set to begin. However, the judge denied the request, stating that it was made too late in the case.
Instead of dropping our client’s charges or proceeding to trial, the Assistant DA filed new charges. Now, our client must be re-arraigned, which means he will remain behind bars.
Although the tactic is legal because of the prosecution’s authority to decide what charges to file against a defendant, Louisiana Supreme Court justices do not look favorably upon it.
Attorney Carter said that the prosecution should have been ready to go to trial the moment our client was indicted. Prosecutors had 5 years to test the evidence, yet they did not, and decided now was the time to do it. The DA’s office said that the decision was made to ensure that prosecutors could vigorously pursue the matter.
The delay tactic is prolonging a stressful experience for our client, who was accused of killing a woman and her unborn baby in November of 2016. The trial that was set to begin this month would have resolved the case.