AG's office stops murder case after judge rules on evidence

Mon, Jun 6th 2011, 11:37 AM

The Office of the Attorney General abruptly ended the murder trial of Jerome Bethel after a Supreme Court judge delivered two unfavorable rulings on the admissibility of evidence.
Bethel, a former prison guard, is accused of the February 11, 2009 murder of Harold Gardiner.
By law, the Office of the Attorney General can discontinue a prosecution at any time. However, attorney Murrio Ducille, who appears for Bethel, said that the move was an abuse of that authority.
Prosecutors apparently anticipated presiding judge Vera Watkins' decision as prosecutor Jillian Williams presented a nolle prosequi signed by the attorney general immediately after  Justice Watkins gave the ruling Wednesday afternoon.
Justice Watkins refused to allow Gardiner's sister, Marina Prescott, to give additional evidence regarding the identification of her brother's body.
Prescott had already testified about the identification, but prosecutors wanted her to give additional evidence that did not appear in her witness statement.  Justice Watkins also did not permit photos taken of Gardiner's body at the morgue into evidence because there was no evidence he was present when Prescott did the identification.
Justice Watkins told prosecutors Jillian Williams and Crispin Rolle that the court was not a place for "patchwork."
Ducille described the move as an abuse of the separation of powers. He said the executive was "interfering in judicial proceedings," adding that prosecutors stopped the case because they disagreed with the judge's decision.
Justice Watkins said, "They've done it before. They don't like the ruling, they stop the case.  But a nolle can be entered at any time."
Ducille said there was no legal precedent on the legality of the maneuver and he was prepared to make a constitutional challenge to the decision.
Williams interrupted Ducille as he spoke.  Justice Watkins told her, "You are so rude.  I've never seen this side of you.  If you cannot conduct yourself as counsel and attorney, perhaps we have to take it up with the Bar Association."
Williams later apologized to the court.
Justice Watkins will dismiss the jury in the case on Monday.

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