EAST LIVERPOOL –A former metropolis safety-service director’s jury trial on a legal cost has been pushed again just a few months, whereas either side attempt to resolve some discovery points.
Throughout Tuesday afternoon’s standing listening to in East Liverpool Municipal Court docket, Visiting Choose Mark Frost agreed to reconvene the standing listening to for 1:30 p.m. June 9 within the legal instances in opposition to Brian S. Allen and his two brothers, David W. Allen and Daniel H. Allen on a home violence cost, stemming from an alleged assault on the Allens” nephew.
Dillon Allen, the alleged sufferer, was within the constructing however not the courtroom. He had been briefed on the courtroom developments, in line with Assistant Prosecutor Christopher Weeda.
Choose Frost is dealing with the case as a substitute of sitting Choose Dominic Frank, who had beforehand represented the alleged sufferer in authorized actions.
In accordance with C. Joseph King, lawyer for all three defendants, he has obtained all the invention besides some purported surveillance digital camera video from a neighbor’s home. Describing the “trickle down discovery,” King stopped in need of accusing Weeda of withholding the video, which had been talked about in a police supplemental report filed by police Capt. John Headley.
Police responded in February to the 300 block of Garfield Road, the place a neighbor allegedly offered video that confirmed the combat on the late afternoon of Feb. 24 after two pickup vehicles arrived. Nonetheless, King directed the court docket’s consideration to a niche earlier than 4:54 p.m. and 5:33 p.m., which is believed to have encompassed all the incident after the Allen brothers arrived and law enforcement officials responded to the scene.
The unique police studies was authored on the time by Chris Inexperienced, who now could be on paid administrative go away along with his alleged actions stemming from the investigation.
John Headley had authored the supplemental coping with the video which confirmed that the combat allegedly happened at 5:20 p.m. Feb. 24. Nonetheless, that video was not within the supplies furnished by the prosecution to the Allen protection lawyer.
Weeda agreed to look into the matter. However he did categorical concern that if the video was generated from a doorbell-style surveillance digital camera that the video might not exist as these are movement activated.
The Allens’ jury trial tentatively has been reset at 8:30 am. Aug. 4.
Brian Allen had served as Ryan Stovall’s safety-service director till Greg Bricker assumed the mayoral workplace in January 2020.
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