Toshyna Patterson and Sarayah Paulwell
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A report from Racquel Porter
By Racquel Porter
Defence attorney Deborah Martin, who is representing Leoda Bradshaw - the woman accused of orchestrating the kidnapping and killing of lawmaker Phillip Paulwell's 10-month-old baby and her mother - is seeking to obtain the contents of the plea deal her co-accused recently secured.
Roshane Miller and Richard Brown recently pleaded guilty in the case.
Miller was sentenced to seven years and 10 months for two counts of conspiracy to kidnap, two counts of accessory before the fact of murder, and two counts of misprision of felony.
Brown pleaded guilty to two counts of murder and was sentenced to 30 years.
In her quest to obtain the contents of the plea deal, Ms Martin pointed out that based an a recent press release by the Office of the Director of Public Prosecutions she's aware that the prosecution intends to rely on the convicts to mount its case and is therefore seeking full disclosure of what transpired in court.
The attorney said based on what was published, the records inclusive of the transcript is relevant to the upcoming trial.
But presiding judge Justice Vinnette Graham Allen told Ms Martin to put her request in writing.
Justice Graham Allen said she was unable to set a timeline for the provision for the transcript as it is a matter for the registrar.
Ms Martin pointed out that she made a request in a letter dated November 27 and was therefore seeking an order from the judge.
She also requested disclosure of details of plea arrangements with the crown.
Responding to Ms Martin's request, Justice Graham Allen said she will not grant an order, explaining that the court has nothing and cannot make an order in a vacuum.
But the prosecution told the court that what transpired in relation to the now convicts, was done under the Plea negotiations and agreements act, 2017.
It said those proceedings were conducted in camera and the files were sealed.
Ms Martin said she was not aware that the file was sealed.
Speaking with reporters after the hearing, Ms Martin said there is a process that she will have to undertake to have the file unsealed as she believes anything concerning the now convicts "and their credibility and how they came to give statements while accused persons is relevant to their evidence".
A case management hearing is to continue on March 6.
Case file incomplete
Earlier in Friday's proceedings, the court was told that the case file is incomplete.
The prosecution told the court that it is awaiting forensic material from the Communication Forensic & Cyber Crime Division, CFCD of the JCF.
It is also awaiting forensic certificates from the Institute of Forensic Science and Legal Medicine, and statements from investigators.
The prosecution said it has been in dialogue with experts, and is hoping that communication analysis relating to call data records will be available by the end of February.
In relation to the digital forensic materials, the court was told that a number of devices are to be assessed by February.
But defence attorney Deborah Martin complained that the legal team has been awaiting material since October 13.
Noting that she had made written requests for documents including forensic material, she said there are no statements on the file except for two people who convey forensic material.
Ms Martin also pointed out that there are statements from the investigating officer regarding work done so far in the matter.
The prosecution promised to prepare, submit and disclose statements by the second week in January.
Justice Graham Allen subsequently ordered that statements from the investigator be submitted and disclosed to the defence on or before January 31.
In relation to the forensic material and forensic certificate, Justice Graham Allen said those are to be submitted and disclosed to defence on or before February 29.
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