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MIAMI (CBSMiami) — The defense attorney for a teenager accused of murdering a Rabbi on Miami Beach is accusing the State of withholding discovery.
Aggressive words were flying during the hearing in the case against DeAndre Charles, accused of shooting Rabbi Joseph Raksin in a robbery attempt.
“Prosecution 101 is if you see evidence you try to preserve it right away,” said Adam Goodman, Charles’ attorney, in front of the judge.
Goodman argued that the State Attorney’s office, which has been working on this murder case for 16 months, is not releasing all the evidence they have uncovered, as is required by law.
“It seems like it’s easier to get an appointment with some of the difficult restaurants in Miami-Dade County than it is to get that appointment,” said Goodman.
He also pointed out that two evidence photos were aired on a news station before they were released in discovery. The State denies leaking the pictures.
“(It) was not provided by the State Attorney’s office. Period,” said prosecutor Michael Von Zamft.
Prosecutors also pushed back, saying they themselves have not seen some of the evidence Goodman is demanding.
“We have an obligation to continue to turn over discovery, and when we get it, we will turn it over,” said Von Zamft.
The judge set another hearing to check on exactly when the State will have more evidence to turn over.
Another issue comes down to the state’s eyewitness, who picked Charles out of a lineup. The State has not identified this person yet.
“Because of the public disclosures that have been made in this case, we have decided to only list those witnesses by their initials and exclude their addresses for their safety,” said a prosecutor.
All parties agreed that the defense will be able to investigate the witness but will keep his name confidential. That eyewitness will take the stand Friday during the Arthur Hearing, which is the chance for the defense to argue that DeAndre Charles should be given bond.
Prosecutors said their office will record the eyewitness testimony during that hearing — in case something happens to the witness before the trial.