TEXARKANA -- Two Texarkana defense attorneys argued Wednesday that lost crime-scene photos and missing audio recordings of witness interviews are cause to dismiss a felony case against a man accused of seriously injuring a toddler in 2013.
Quinton Montel Hope, 29, is charged with second-degree battery in the Oct. 25, 2013, assault of a 2-year-old child. Hope's lawyers, Jason Horton and Matt Stephens, spent several hours late Wednesday afternoon before Miller County Circuit Judge Carlton Jones arguing that the misplaced evidence means Hope can't receive a fair trial.
At issue are lost audio recordings made by a former investigator with the Arkansas State Police Crimes Against Children unit of interviews with Hope and of the child's brother, who was 7 years old at the time. Also missing are photographs taken by the investigator of the home Hope once shared with the children and their mother.
"This is not just about Quinton or the injured child," Horton said. "This is about the next case and the next case. By denying this motion, the court will set a horrendous precedent that law enforcement can lose evidence without fear of reprisal."
Horton and Stephens argued there is little chance the now-10-year-old brother will clearly recall the days and hours leading up to his brother's admittance to Arkansas Children's Hospital in Little Rock.
Horton said the toddler's brother told the investigator that his brother had fallen from a bed and struck his head on a post, according to reports by investigators. Horton further alleged witnesses accused the child's mother of beating the older brother "like a man" and that her influence could cause his testimony today to differ from statements he made in 2013.
Deputy Prosecuting Attorney Connie Mitchell called two witnesses to testify at the hearing on the motion to dismiss Hope's case. Former Arkansas State Police investigator Emily Hampton and state police Maj. Ron Staten said they have tried in vain to find the missing evidence.
Mitchell argued that the defense has evidence comparable to the audio recordings in the form of two reports, one written by Hampton, the initial investigator, and another prepared by a co-worker. Mitchell said the reports detailing the substance of the interviews should suffice.
"The defense has wide latitude to cross-examine both witnesses," she said. "Unfortunately there is no way to duplicate these photos."
The lawyers provided numerous references to earlier cases meant to help Jones in his decision. Horton said that while lost evidence isn't proof of bad faith by the state, it denies his client the right to due process guaranteed by the U.S. and Arkansas constitutions. Mitchell said experts for the state will testify that the toddler suffered a traumatic brain injury and had fractured ribs that were healing, indicating abuse of the child was not limited to a single incident.
Stephens argued that dismissing the case is the only way to preserve the system of checks and balances outlined by the framers of the U.S. Constitution.
"Democracy teeters on a precarious perch," Stephens said. "This case must be dismissed."
Jones said he intends to review the briefs submitted by both sides and relevant case law before announcing a decision on the motion to dismiss next week.
State Desk on 02/12/2016