The defense attorneys for a Hopkinsville man charged with a 2021 double murder are still waiting for discovery that was requested earlier this year and now fear some evidence may have been destroyed.
Anthony Gaines is charged with the August 7, 2021 deaths of George Gomez and Kiera Wallace, who were found inside a home on Peach Street.
The case has already seen delays due to evidentiary issues and the inability of Gaines and his attorney to view discovery and evidence at the Christian County Jail for preparation in his case.
Also on the table is a decision by the Commonwealth to seek the death penalty.
During a recent session of Christian County Circuit Court, defense attorney Brandi Jones again told the court they had not received all of the evidence in the case.
click to download audioJones said a big issue in the case is a missing photo lineup grid shown to a witness. While the Commonwealth stipulated that the witness did not identify Gaines, Jones said there appears to be no video record of investigators showing the lineup to the witness.
click to download audioDuring the court session before Judge Andrew Self, Jones went on to say the missing evidence constitutes a Brady violation. This term stems from a 1963 US Supreme Court case where it was ruled that suppression of evidence by the prosecution to a defendant that requests it violates due process.
Commonwealth’s Attorney Maureen Leamy and Assistant Greg Cortese said the video did not exist but didn’t feel it was a Brady violation.
click to download audioDefense attorney Kevin Coleman said a request was made to the Christian County Sheriff’s Office for the video but was told it wasn’t saved.
click to download audioJones and Coleman both said the missing evidence is important to their client’s case.
click to download audioJudge Self signed an order for all evidence, including the 911 call made at the time of the shootings, to be produced by the Commonwealth by June 21.
click to download audioA trial date of July 14, 2025, was set by Judge Self with the next court appearance scheduled for August 7.
In addition to the murder charges, Gaines is charged with first-degree robbery, first-degree burglary, possession of a handgun by a convicted felon, and four counts of first-degree wanton endangerment. He remains in the Christian County Jail under a $1 million cash bond.
