THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, June 28, 1995 TAG: 9506280439
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: STAFF REPORT
DATELINE: VIRGINIA BEACH LENGTH: Short : 43 lines
Lawyers representing Kelly Dara filed court papers Tuesday alleging prosecutorial misconduct and asking that murder charges against her be dismissed in the stabbing death of a Salem High School classmate.
Dara and her boyfriend at the time, Joshua M. Johnson, were charged in the slaying of Joseph D. Garcia III, 17, at Dara's house in Virginia Beach. Johnson was convicted of first-degree murder last week. Dara is scheduled for trial Aug. 30.
The motion to dismiss the charges against Dara alleges that prosecutors intentionally withheld information that could have been favorable to Dara's defense. That information was contained in statements Johnson made to police that Dara's lawyers believe minimize her role in the crime.
Deputy Commonwealth's Attorney Albert Alberi has said he did not intentionally withhold Johnson's statement from Dara's lawyers. He said he didn't even know he had it at the time of her juvenile court hearing and had not read it.
But defense attorneys Thomas B. Shuttleworth and Lawrence H. Woodward Jr. challenge Alberi's statements in their court papers.
``There can be no doubt . . . that the Commonwealth was aware and in possession of the exculpatory statement of the co-defendant,'' the motion said. ``The statements of the Commonwealth's attorney that he did not receive a report of the investigation until on or about March 30, 1995 is, at best, disingenuous.''
No date has been set for a hearing. Dara was 17 at the time of Garcia's death but has since turned 18. ILLUSTRATION: Photo
Kelly Dara is scheduled for trial Aug. 30. Her lawyers are asking
that murder charges against her be dismissed.
KEYWORDS: MURDER STABBING TRIAL by CNB