Q: Evidence has been destroyed in a Louisiana fatal hit and run before the case had even made it to Pretrial Motions.
Alleged truck involved in a pedestrian hit and run resulting in death was towed to the Louisiana State Crime Lab and processed. Since then the truck was towed back to the tow yard who then released it to the person I was in the process of buying it from. He didn't want it so the tow yard had it hauled away and crushed per protocol. My husband has sat in jail as the alleged driver, although he didn't do it. The truck was destroyed before the case even went to Pretrial Motions. How can my attorney have the evidence cross examined now that the truck no longer exisit? Can we push to close the case, have charges dismissed, or mistrial? Any kind of insight would be greatly appreciated as he's been in jail for 5 months now and has yet to even speak to his court appointed public defender.
A: If evidence has been destroyed and/or your husband's attorney was not given time/opportunity to review/inspect it, then he can file the appropriate motion to exclude and/or limit. You need to discuss this with your husband's attorney----if you are not satisfied with the court appointed public defender, then you should seek to hire private counsel for him.
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