Jury Dismissed Early Thursday in Davonte Mike Capital Murder Trial
After Defense Claims They Did Not See a Piece of Evidence Prior to the Trial
A shake-up in the courtroom as the jury is dismissed early over a piece of evidence the defense claims they’ve never seen.
It’s an additional statement made by one of the four defendants, Robert Wiggins.
Wiggins checked himself in to EAMC suffering from a gunshot wound to the back, the same night Bennie Rudd was murdered.
Police found this suspicious and went to question Wiggins.
“He stated that he was shot in the Raintree area of Opelika,” said Det. John Hester with Opelika PD.
The prosecution continued to ask Det. Hester about Wiggin’s statement.
“Were there any reports of gunshots that night in Opelika,” asked Lee County District Attorney, Brandon Hughes.
“Not to my knowledge,” said Det. Hester.
Then in cross examination, the defense asked Det. Hester if he thought Wiggins was lying in his statement.
“Nothing can support what he told you. Except for the fact that he got shot. Do you feel like he lied to you?” asked Andrew Stanley, Mike’s defense attorney.
“Yes, sir,” said Det. Hester.
But, before the defense could move forward with their questioning, they asked Det. Hester to see Wiggins statement.
After looking it over, they claimed they’ve never seen that statement before.
The defense discussed this with Judge Christopher Hughes and the prosecution and it appears the statement was mistakenly not seen by the defense prior to the trial.
Judge Hughes then dismissed the jury for the day.
Judge Hughes advised both the defense and prosecution to compare their case files before Friday morning to make sure every piece of evidence is straightened out and both sides have seen every file before moving forward.