The first murder trial for 2012 fell apart today in the courtroom of Justice Adolph Lucas Sr. The 3 accused persons, Giovanni Gentle, Art Skeet, and Marvin Cruz, who were jointly charged, all walked free of the March 13, 2008 murder of Herman "Yagga" Morris.
The prosecution's case dramatically disintegrated when the key witness took the stand and retracted her police statement which she gave a few days after Morris had been murdered.
This witness had initially been uncooperative but after Justice Lucas cautioned her that she could be sent up to prison for refusing to testify she started to recant every single detail of the report she had signed.
It was at that point that Crown Counsel Young requested permission to treat her as a hostile witness, which was granted. Under questioning, the witness denied ever telling the investigating officer that she knew the victim, that she saw him that night, that she heard the gunshots, and that she was the first one on the scene. She even denied that she had a conversation with the victim as he took his last breath and revealed to her who had shot him, which was key to the prosecution's case.
It is notable that there was a trial within this trial where the key witness told the court, absent of the jury, that she had been receiving threats and that she was afraid that she would be killed. The witness testified that she had been threatened multiple times, since shortly after the incident, and as recently as 2 weeks ago. She said under oath that she lives in the "heart of the gang" and that "by tonight" if she testified, she "would be a dead woman". She said "I am scared scared scared. Scared I am". The judge did not admit the statement because he was not convinced that the witness did not wish to testify out of fear.
That witness was the only witness for the Prosecution. Since she did not assist, there was no evidence to go to the jury. After the witness was asked to step down, Simeon Sampson, attorney for Marvin Cruz, made a no-case submission, which Justice Lucas accepted. Lucas then directed the jury to find each accused not guilty.
Crown Counsel Young then attempted to get her written statement of 2008 introduced as evidence, but Justice Lucas refused the request stating that this witness had not adequately shown that her life was in danger.
Art Skeet and Marvin Cruz remain in police custody for a separate attempted murder case that ended in a hung jury; it is unclear, at this juncture, whether the DPP's Office will retry them on that charge.
Gentle was allowed to exit the courtroom a free man after more than 3 years on remand. His attorney, Darryl Bradley, who also represented Skeet, told reporters outside that these men have been on remand for this long length of time due to a legal aid issue. Bradley said that it is not only unfortunate that these men were not able to afford attorneys sooner, but it was unconstitutional that they were held on remand for almost four years only to have the case fall apart.
