The defense claims the missing evidence constitutes a constitutional violation and asserts that dismissing the case is the only fair remedy.
Defense attorneys for a man accused in a deadly 2023 mass shooting at a 21st birthday party in Madison County are asking a judge to dismiss the case, claiming critical evidence has gone missing.
Ashton Elliott is charged with murder in the shooting. His attorneys argue the alleged missing evidence violates his right to a fair trial.
During a hearing that lasted less than an hour on Tuesday, Elliott's defense attorneys argued key evidence, including hours of video interviews, can't be found. They say at least 14 recordings referenced in the investigation are missing, including interviews with a security guard working the night of the shooting and a statement from Elliot's mother.
The defense argues the material was lost somewhere in the chain of custody, calling it a constitutional violation. They say dismissal is the only fair remedy.
Prosecutors agree the recordings likely no longer exist, saying they were never archived and may have been deleted after 90 days. However, they argue there was no intent to hide evidence and say written summaries were provided.
The defense says those summaries are not enough.
The state is asking the judge to deny the motion, calling a dismissal too extreme. The judge did not rule on the motion yet.
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