ST. ALBANS — Norm McAllister’s defense attorney said in a motion filed Monday that his case should be thrown out.
McAllister’s attorney, Robert Katims, alleges that the State has committed a Brady violation — a situation in which the prosecution knowingly suppresses information that could be favorable to the defendant, violating due process.
In this case, the defense alleged that prosecutors withheld information concerning the complaining witness in the case, specifically that she was diagnosed with dissociative personality disorder and that she had been diagnosed, at least once, with bipolar disorder.
According to the motion to dismiss Katims filed yesterday, the defense only learned these facts on June 8, almost exactly a month before the proceedings leading to McAllister’s trial are scheduled to begin.
The motion also states that the witness’s testimony at a June 8 deposition “appears materially different from both of her previous statements made under oath.”
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