Judge Lisa A. Warren’s recent felony case dismissal and sanction against the Orleans County State’s Attorney’s Office has led to another case dismissal request. Newport defense attorney Trudy Miller has filed a motion in Orleans Superior Court to dismiss a lewd & lascivious conduct charge against her client, Kasey Ainsworth. Judge Warren dismissed jury trial convictions earlier this month against David Vaz, 33, of Springfield, Massachusetts, as a sanction against the prosecutor’s office for a “major discovery violation.” Judge Warren found in her ruling that the state did not provide exculpatory evidence (discovery) to the defense, which may have been favorable to the defendant, as required by law. Attorney Miller argued in her motion that it took over three years for the state to provide her with information that might be favorable to her client. Attorney Miller also argued that the alleged victim made almost identical allegations against both Ainsworth and the other individual. “There is no way the State could claim that this material is not exculpatory,” wrote Attorney Miller.
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