By David McArthur
(SHEPHERDSVILLE, August 9th, 2002, 6:30 p.m.) -- After nearly three years of waiting for justice, a misplaced videotape could set the scene for an accused killer to bond out of jail.
It was September, 1999 when 17-year-old Jessica Dishon disappeared from her Bullitt County home. Her body was found two weeks later; she had been strangled.
David "Bucky" Brooks was scheduled to face trial next week in connection with Dishon's murder, but that trial has now been delayed indefinitely. The judge postponed the trial because the tape that surfaced raises questions about two men in a black Camaro and their possible involvement in Dishon's abduction and murder.
But Commonwealth's Attorney Mike Mann says he's confident in his case and believes Bucky Brooks needs to stay behind bars. "I'm going to object to any change in the bond," Mann said. "We have not found anything that would change our position in the case."
According to an FBI report released by prosecutors, suspect Brooks took three polygraph examinations, and his answers were found to be "deceptive" in all three. The test includes exchanges like the following:
Did you cause or participate in Jessica Dishon's disappearance?
Are you being truthful about your last contact with her?
Can you take me to where she is now?
Brook's defense attorney, Vince Yustas, contends that there was only one test and says the outcome is questionable and inadmissible in court. "There are serious questions on whether it's one where you can make a definitive statement one way or the other," Yustas said.
"I don't have any comment on that," Mann responded, referring to the polygraphs.
Yustas says the rediscovered videotape alone is reason enough to give Brooks a chance for bond. "If not for the negligence of the prosecutor, we'd be going to trial tomorrow," Yustas said. "Now we don't even have a trial date."
Both sides are preparing written arguments for the judge on the issue of setting bond. A decision on that is most likely several weeks away, with a new trial date even further in the future -- much further.
Yustas predicts there won't be a new trial date set until January at the earliest. That brings the wait for justice for Jessica Dishon's family to at least 3-1/2 years.
Online Reporter: David McArthur
Online Producer: Michael Dever