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Evidence Withheld? Teen Convicted of Chesterfield Murder May Get New Trial

Next week's scheduled sentencing of former gang member Detavis J. King for the 2007 slaying of Chesterfield County teenager Ryan Matko, teenage son of a Richmond homicide detective, will be delayed for several months as his defense attorney seeks to have King's guilty verdicts set aside.

King's lawyer filed a motion November 18th to continue Monday's sentencing hearing so he can obtain and review a transcript of the trial testimony given by Dominique Johnson, a key prosecution witness, whom the defense suggested at King's trial was the real killer.

In his motion, the defense alleges Chesterfield prosecutors failed to provide it certain information about Johnson before trial that could have been favorable to King or impeach Johnson as a witness. King's lawyer said he discovered such evidence on his own after the trial.

The motion suggests that Johnson was pressured by police to provide incriminating information about King after Johnson was arrested on an unrelated drug charge, and that Johnson cooperated believing he would get favorable treatment. The motion goes on to state that after Johnson's June 2008 arrest as a juvenile, police questioned him about the Matko case and recorded his statements on a DVD. The recorded interview was only recently made available to the defense.

During the interview, according to the motion, a detective purportedly advised Johnson that drug defendants were able to "work off" their charges by cooperating with authorities. The detective then started discussing the Matko case with Johnson. As the interview progressed, Johnson told police that Jessica Mayo, a former schoolmate of King's, told her at a party that King had had a confrontation with Matko. Mayo later was subpoenaed as a prosecution witness, and she testified that King had told her during a math class that King and "his boys had gotten into it" with Matko. Prior to that time, the motion states investigators were unaware of that alleged conversation until Johnson provided Mayo's name to police.

In criminal trials, upon written request, the Commonwealth is required to provide the defense with evidence in its possession or control before trial that could be either favorable to the defense of the charges, or that could reduce the level of punishment. Known as exculpatory evidence, or "Brady" material, the withholding of such evidence may result in a new trial if the defense can show that the outcome  may have been different had it known of the evidence before trial.

A prosecutor deliberately withholding such evidence from the defense risks serious consequences, as was the case involving the Durham, N.C. district attorney who was disbarred after it was proved he withheld exculpatory evidence  in the prosecution of three Duke University lacrosse players whom he charged with the rape of a stripper. The three young men were exonerated.

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Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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