LOUISVILLE, KY (WAVE) - Deceit and deception is what the attorney for a man charged with killing a witness said the state has done in Steven Pettway's murder trial and his charges should be dismissed.
Last month, Judge Geoffrey Morris declared a mistrial for Pettway after his attorneys said the state failed to give them evidence that includes names of other possible suspects. Hammond's attorney Ted Shouse said he is now just getting that evidence.
"I'm troubled that here we are over a year into this case and we're getting over 100 pages of discovery multiple recordings. I'd like to know what this was and what is still out there," said Shouse.
Assistant Commonwealth's Attorney Elizabeth Jones Brown told a judge that the evidence issue was a misunderstanding. "We're not in any way saying the Commonwealth wasn't in possession of these files. We are in possession of them. We should have turned them over."
Police said Steven Pettway was recruited by Dejuan Hammond to kill Troya Sheckels, 31, in the late afternoon in Shelby Park back in 2009.
Pettway's attorney Pete Schuler said his issues go beyond just evidence. He told the judge he has proof of misconduct against assistant Commonwealth's Attorney Tom Van De Rostyne. "It's not just in this case it's a pattern of cases that this prosecutor Mr. Van de Rostyne has had. It's a pattern of deception."
The judge agreed to look at that evidence before deciding if Hammond and Pettway will not be tried for Sheckles murder. Another hearing for these issues is set for Friday, November 16.
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