Murder Defendant Wants Jail Phone Records of Potential Witness

A murder defendant wants access to another murder defendant's recorded jail calls to try to discredit her version of the events in the shooting of Domanic Thrasher and, the district attorney has given notice, one potential witness, a fired police officer, may not have credibility as a witness.

Darrell Franklin joins us now with more Darrell?    

Blayne Brooks was found guilty and sentenced  late last year to 60-years in prison for Thrasher's murder.

And, another defendant, Justin Love, is set to go to trial in June after declining a plea offer of 50-years.

One other defendant, Whitney O'Brien testified in Brooks' trial and, it's her phone calls recorded in the Wichita County jail that Brooks' attorney, Mark Barber, is seeking.

In his motion for discovery Barber states O'Brien has given multiple statements to police, the grand jury, and at Brooks' trial. He states his client believes there are inconsistencies with all the statements and her phone conversations in jail. Barber says the calls will reveal the inconsistencies and could lead to impeachment of O'Brien as a credible witness.

Also in this case the assistant district attorney has filed notice of  possible impeachable evidence concerning one potential witness, a WFPD officer who was dismissed earlier this month after being charged with assault family violence. First assistant district attorney, John Gillespie, states former police officer, Brittany Bailey was at the Thrasher crime scene in  2015 and that the police department confirmed charges of untruthfulness, by Bailey,  in the unrelated incident.  

Under the US Supreme Court "Brady Decision" the court ruled  prosecutors must inform defendants if an officer involved in a case  has a record of being untruthful in an official capacity.

Gillespie's motion informs Justin Love's attorney of this potential and that Police Chief Manuel Borrego and Ginger Gilmore  would be potential witnesses to impeach Bailey's credibility if she were called to the stand, however, Gillespie says the state  does not plan to call Bailey as a witness.

Bailey was arrested in Nocona after an officer responded to an assault report. He said a man reported he and his  girlfriend  had been arguing, he asked her to leave and when he was trying to get her out, she kicked him three separate times in the genitals.

According to Bailey's statement, the argument was over her boyfriend's drug activity and when she  confronted him he shoved and chest pumped her and kept coming at her before she kicked him.

She said she learned of the drug activity from the Wichita Falls Police Department but also  said in the time she'd known him she was aware he'd delivered and sold large amounts of marijuana. 

Since Bailey was at the Thrasher shooting scene she might have been on the witness list in any of the three cases.
At that murder scene Whitney O'Brien testified Brooks was the shooter.

She said the three of them met Thrasher to sell him about $500 worth of  marijuana and when Thrasher tried to run away without paying for the drugs, Love yelled for Brooks to shoot him.

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