Lawyer urges judge to throw out murder case in child’s death

January 24, 2019

The lawyer for a Fort Wayne man accused of killing a 5-year-old boy last year wants a judge to consider throwing out the case, arguing in court documents filed today prosecutors have been slow to turn over evidence that could be used at trial : which is scheduled to start next week. 

Daniel T. Pope, 29, is charged with murder and aggravated battery in the death of Benjamyn Otto McKinley Frederick in March. The boy was “severely beaten,” investigators have said. 

Defense attorney William Lebrato was ready to go to trial Jan. 29, he wrote in court documents filed in Allen Superior Court, until he learned this week of evidence prosecutors had not turned over to him as part of discovery, a process in which attorneys on both sides share information before trial. 

“The state’s failure to timely provide the discovery in this case constitutes a clear discovery violation,” Lebrato’s motion to dismiss states. 

The motion also asks Allen Superior Court Judge Fran Gull to consider excluding the newly discovered material or the testimony of witnesses that might address it at trial.



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