On Wednesday, for the second time, defense attorneys for former Georgia State Trooper AJ Scott motioned for a mistrial. Scott faces numerous charges including 2 counts of vehicular homicide after the patrol vehicle he was driving collided with a car in 2015. Two teenage girls died and two teenage boys were injured in the crash. Scotts attorney, Mac Pilgrim, on Wednesday, called for a mistrial again, arguing that the state possessed evidence that they did not disclose to the defense before trial.
This new evidence is based on a theory from GSP investigators that Kylie Lindsey could have been in the lap of the front seat occupant or between the front passenger and the driver instead of the back seat, as was previously thought. The theory was derived by GSP investigators Chad Barrow and Brandon Stone. During sworn testimony in the mistrial hearing, both said they believed there is evidence that Lindsey was ejected from the vehicle through the front passenger window, indicating that she could have been in the front of the car. Stone also said dash cam footage from Scotts car was slowed and lightened showing a blonde head in the front of the car before impact. Miss Lindsey was the only passenger with blonde hair.
We were able to take the video to Southern Crescent Technical College and have the audio visual department enhance it by lightening it so you could see better. And to see if we could see, right before impact. who was sitting where, said Stone Right before impact you do see what appears to be a blonde head. Miss Lindsey was the only blonde in the car, everyone else had dark hair.
The defense argued that if Lindsey was in the front seat, she may have blocked the drivers view of the oncoming patrol car.
The DAs office was notified of this new evidence in March after pretrial motions. A disc of the video was given to the defense on May 5th. Defense attorneys alleged that they were told it was inconsequential, would not be used in court and was performed by GSP investigators without request from the DAs office. Prosecutors did not disclose Barrows and Stones theory of the young women in the front of the vehicle.
The Defense has argued for a mistrial due to a Brady violation, violation of discovery in the state of Georgia and proprietorial misconduct. They cite that this evidence could have had an impact on jury deliberations.
Assistant District Attorney Matthew Swope argued that the evidence is speculative and therefore not exculpatory, also saying that it would not change the outcome of the case. Specifically addressing the Brady violation, he said it did not meet the requirements of material and relevant for the case.
Chief Judge John Simpson will consider the motion for mistrial and is expected to rule on Friday at 1:00pm.