PHOENIX (KSAZ) – There were explosive allegations, that if true, could derail the Jodi Arias trial, and not just her sentencing. They could affect her conviction, maybe even make her a free woman.
In a motion filed Monday, her lawyers claim key evidence was destroyed and they’ve only learned about it now.
A motion was filed by Arias’ lawyers alleging a computer forensic expert claims thousands of images of child porn were deleted from Arias’ victim, Travis Alexander’s, computer while that computer was in the custody of Mesa police.
Arias alleged in her trial that her ex-boyfriend was a pedophile and had threatened her because she could expose it, however, no evidence of that was ever presented in court.
The motion filed Monday calls for all charges be dropped for proprietorial misconduct, a FOX 10 source confirms Monday night that the motion was indeed filed.
These are serious allegations of evidence tampering against the Mesa police department and prosecutors.
FOX 10 spoke with Mesa Police tonight who say they just learned of this, this evening. They say obviously the defense is entitled to make motions and they will let the judicial system take it’s course.
FOX 10 also reached out to county attorney’s office for comment, but they responded declining any comment on the case as per the instructions of the judge.
New York prosecutor and commentator, Beth Karas says while these kinds of motions are filed, it’s rare and it’s a very serious allegation to make.
“They’ve got a reason to believe some significant information on Travis Alexander’s laptop was deleted while in possession of police department and the first jury last year never heard this evidence. I’m a little suspicious, I want to hear the state’s response to this,” said Beth Karas.
“If these allegations are true, this is very bad for the police department and prosecution. It’s misconduct on police and the prosecution, it’s destroying Brady Material that the jury is entitled to hear and see, and this means the integrity of the guilty verdict is totally affected. She’s entitled to a new trial or dismissal of new charges or death penalty taken off the table, there could be sanctions against the police department and the prosecutor,” she said.
So what happens next? The state responds and a judge hears from a witness either in the penalty phase or have a separate hearing.
Karas says use caution, let the states response and evidence in support or against it before getting too riled up about this motion not being resolved this week.