Lawyer asks judge to dismiss Youngstown murder case of Lavontae Knight for prosecutorial misconduct of Dawn Cantalamessa

YOUNGSTOWN, Ohio (WKBN) — An lawyer for a man accused of murder, tried murder and kidnapping is inquiring a judge in Mahoning County Typical Pleas Court to dismiss the case due to the fact he stated prosecutors withheld proof.

David Betras, representing Lavontae Knight, 26, of Ferndale Avenue, said in a movement filed Thursday in Mahoning County Frequent Pleas Court that prosecutors had evidence in the circumstance for more than two years that he did not receive right up until Tuesday.

Knight is expected to go on trial March 7 for the Dec. 30, 2018, taking pictures dying of Trevice Harris, 37, and the wounding of a girl who was with him. The pair were being identified by police in a car or truck at a Sector Avenue gas station.

He faces fees of aggravated murder, tried aggravated murder, aggravated robbery, kidnapping and getting a felon in possession of a firearm.

Judge Durkin has presently had to rule on an additional cost of misconduct in a distinct murder situation in which Knight is a defendant. In July, he granted a movement by Betras to have previous Assistant Prosecutor Dawn Cantalamessa thrown off that case for the reason that Betras claimed she withheld a movie from him and the judge agreed.

Cantalamessa resigned right after that choice and is now doing the job for the Ashtabula County Prosecutors Office environment and is managing in Trumbull County for the Democratic nomination for Prevalent Pleas choose.

In that situation, Knight is accused of the October 2018 murder of Joshua Donatelli, 25, who was identified shot to dying in an Imperial Road residence on the West Side. An Aug. 8 demo day in that case has been ongoing. A new date has not been established however.

Betras also blamed Cantalamessa for withholding proof in the Harris scenario, which he mentioned was identified right after the prosecutors business Monday reviewed all proof in the circumstance to make confident all products they experienced ended up delivered to the defense. His motion mentioned he was then provided with the proof Tuesday.

In his movement to dismiss, Betras stated the lady who survived the shooting claimed that an individual else was in the vehicle where she and Harris had been uncovered after they experienced been shot. Police sent evidence to BCI for both that vehicle and for Harris’ car or truck, which was taken, and Knight’s DNA was not found in possibly vehicle. In its place, the DNA of a different male was found in the vehicle in which Harris and the lady have been located. Betras reported that proof was by no means supplied to him.

The situation ought to be dismissed because Knight’s Sixth Modification proper to thanks process was violated, Betras explained.

Betras also submitted a independent motion to go on the case ought to he not be granted a dismissal.

Prosecutors have nevertheless to file a response.

A listening to on the movement is scheduled for March 1.