The judge in the John Wiley Price corruption trial denied a motion by defense lawyers for a mistrial after some pieces of evidence from the prosecution were not turned over to attorneys.
But Judge Barbara Lynn ripped the government for its actions and said she wanted to be on the record that “The judge is showing signs of angst.”
The cause of the problems was an email account the government said it had just discovered was not produced for the defense.
"Very disappointed with where we are. This case has been on radar for a decade. Epiphany moments now are preposterous,” Lynn said.
FBI agent Allen Wilson, the government's summary witness, discussed Price and the money and how it was hidden.
“He went back to some of the testimony we heard yesterday and again, from the perspective of the FBI, presented what he considers to be the bribery case the public corruption case against Commissioner Price,” said courtroom observer and attorney Chrysta Castaneda.
Daphney Fain faces one count of lying to the government and agent Wilson testified about her not being truthful when interviewed the day search warrants were served.
The defense attempted to discredit Wilson’s testimony by pointing out discrepancies.
“[Wilson] didn’t write down the questions that they asked Miss Fain. He wrote down what he thought were the answers and those answers don’t seem to match up with what the government is alleging in the indictment that she lied about,” Castaneda said.
Price’s defense team also subpoenaed Nealy to testify. Nealy’s attorneys said she would take the fifth and that the process would happen in closed chambers, not in front of the jury.