HAMPTON, Va. — There’s a new effort by Cory Bigsby’s defense team to stop witness testimony ahead of his murder trial next week.
In a newly filed motion in Hampton Circuit Court, his attorney, Amina Matheny-Willard, said the Hampton Commonwealth’s Attorney’s Office didn’t give them a witness list on time.
Because of that, Matheny-Willard said Judge James Hawks shouldn't allow the prosecution's witnesses on the stand.
During the pre-trial process, she said her team signed the Commonwealth’s order, which said prosecutors had to disclose witnesses no later than 10 business days before the trial.
In the paperwork, Matheny-Willard said she turned in her witness list on October 16, but the Commonwealth did not submit theirs until October 24. She said the Commonwealth’s list is a day past due.
“The judge has a tremendous amount of discretion to allow or not allow certain evidence to be admitted,” said 13News Now Legal Analyst Ed Booth.
No matter what rules the prosecution and defense may have agreed upon during the discovery process, Booth said Judge Hawks has the final say.
“A judge could say regardless of the dates, that they are going to allow the witnesses to go forward anyway,” Booth said. “There are certain things that a judge can do or not do. At the end of the day a judge will say this is what I am doing and if the court of appeals later feels like they did wrong, then that court of appeals can reverse it.”
Hampton Commonwealth’s Attorney Anton Bell has not answered our request for comment about this motion. Matheny-Willard said she doesn’t have a comment.
Three weeks ago, the defense filed a separate motion to stop the prosecution from using a statement Bigsby made in jail, saying in documents that jail staff coerced him. Judge Hawks could rule on both motions Tuesday morning.
The trial is set to begin November 6. Bigsby remains out of jail on bond.