Accused double murderers Joseph Kee and Taedron Bennett are free men tonight after the DPP discontinued the case against them today. It’s another “nolle-pros” after DPP Cheryl Lynn Branker-Taitt told the court this morning that she was choosing to discontinue the trial because of the absence of a key witness.
But it’s not a non cooperating witness; it’s police officer Fitzroy Yearwood and he could not appear for the trial because he is ill and not fit enough to get to court. According to the DPP, Yearwood was considered a crucial witness because he would have provided key circumstantial evidence connecting Taedron Bennett to the crime scene. He was also expected to provide key evidence against Joseph Kee. The DPP decided that his absence made it impossible for her to proceed with the case. So she discontinued by entering the nolle-prose but says she fully expects to re-introduce the charges when Yearwood is well enough which will be another few months.
According to one of the attorneys for Bennett and Kee, Michael Peyrefitte, he felt that the case was already on a weak leg.
Michael Peyrefitte, Defense Attorney
“In my view, I don’t believe that Fitzroy Yearwood would have been a material witness, like I said, and I think that the main witness in this
case already testified and she didn’t do so well when she testified.”
Jules Vasquez,
Your clients have been on remand since May of 2006. So over two years on remand, I know they are not speaking to the press right now, but what is it like for them?
Michael Peyrefitte,
“Well naturally for them like everybody it is a relief for them. They were able to see their families, their children, and the situation is sad for everybody. It is not a time to celebrate or anything like that. Two young men lost their lives two years and seven months ago. I believe that my clients are innocent but nevertheless there is that thought that two young men lost their lives and they have to think about those young men and we all have to think about those young men who lost their lives.”
Jules Vasquez,
So the guys who killed the Brannon brothers are not your clients?
Michael Peyrefitte,
“No.”
Jules Vasquez,
Your clients did not kill the Brannon brothers?
Michael Peyrefitte,
“There is a procedure in court Jules where the DPP says it was Kee and Bennett killed the Brannon brothers. The trial started, the evidence was presented, and the evidence was weak.”
Jules Vasquez,
Some might suggest that your clients, being young men of some means, would be advised to leave the country and never return as did another of the accused Ricky Aguilar. Will your clients leave the country, they are clear of charges, they are free to go?
Michael Peyrefitte,
“That’s not my department Jules, I was asked to represent them in the case in which they were charged and as of today my responsibility is over. Certainly they are free, some would say it is best advised that they low but that’s not my department. They are grown men, they are both over 18, and they can do what they want.”
Branker Taitt said that Yearwood would have been well enough to proceed when the case first went to court in early November but it had to be discontinued at that time because the employment status of presiding Judge John Gonzalez was in question.
