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Alex Medina attorneys file motion to have murder case dismissed
Feb 14, 2012 (Ventura County Star - McClatchy-Tribune Information Services via COMTEX) --
Defense lawyers for a 17-year-old murder suspect have filed a motion to dismiss the charges against their client, arguing in court today that prosecutors had evidence more than a year ago that someone else committed the 2009 slaying.
Lawyers representing Alex Medina of Miramonte, who is accused of killing 16-year Seth Scarminach outside a weekend party in Meiners Oaks, accused the District Attorney's Office of sitting on the evidence.
"It wasn't until we learned about it on our own and filed this motion that it was turned over to us," said defense lawyer Scott Wippert.
Wippert said he couldn't give specific details about the exculpatory or so-called Brady evidence.
"There was specific information given to the District Attorney's Office, and the District Attorney's Office has suppressed it," he said.
The U.S. Supreme Court ruled in the case of Brady v. Maryland that suppression of evidence by prosecutors that is favorable to a defendant must be disclosed to him or his attorneys. Disclosing that evidence could result in finding a person not guilty of a crime or help a defendant's lawyer impeach witnesses more effectively, the court stated. Not disclosing that evidence can violate a defendant's constitutional right to due process, the Supreme Court ruled.
Medina's attorneys Wippert and Robyn Bramson, along with prosecutor Bill Haney, were in court today after defense attorneys filed a motion to dismiss the criminal charges and a motion to recuse the district attorney from prosecuting the case.
"If the motion to dismiss and the case moves forward, then we're asking the District Attorney's Office be removed and that the Attorney General's Office be appointed," Wippert said.
Haney told Ventura County Superior Court Judge Donald Coleman that prosecutors oppose both defense motions.
Coleman set a hearing on the defense motions for March 5.
Wippert asked the judge to seal portions of the written responses that the district attorney will make to the defense's motions. Haney countered that defense lawyers simply don't want the media to find out what evidence the prosecution has.
Coleman set a hearing for later today to determine what portions, if any, of the district attorney's written response will be sealed.
Wippert said outside the courtroom that defense lawyers believe that a lot of the prosecution's written response might be "inflammatory," making it difficult for Medina to get a fair trial.
He also said Medina is still awaiting a hearing to determine whether he is competent to stand trial for murder.
"We have to be careful how much information we give to the public because the issue there is competency," he said.
Medina, who was 14 when the slaying occurred, is also accused of committing the crime for the benefit of a criminal street gang.
Scarminach was stabbed in the driveway of a residence in the 2400 block of Maricopa Highway shortly before 2 a.m. on April 26, 2009, according to Ventura County Sheriff's Department officials.
An autopsy determined that Scarminach died from stab wounds to his neck and chest. He died at the scene.
Wippert and Bramson also represented 18-year-old murder defendant Brandon McInerney, who pleaded guilty to the 2008 killing of classmate Larry King, who was 15.
In December, McInerney was sentenced to 21 years in prison for killing King.
___ (c)2012 Ventura County Star (Camarillo, Calif.) Visit Ventura County Star
(Camarillo, Calif.) at www.vcstar.com Distributed by MCT Information Services
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