Wednesday, May 27, 2015
By Joe Gorman
YOUNGSTOWN
The day he was to go on trial for murder, Kalontae Carter told a Mahoning County Common Pleas Court judge he needed more time to defend himself in the April 2013 homicide.
On Tuesday, Judge Lou D’Apolito agreed and gave him more time: one day.
Carter, 19, of Norwood Avenue, told the judge he had asked his lawyer several times for discovery material – material prosecutors give defense lawyers such as police reports and witness statements, so they can defend their clients – and although he has gone over it with his lawyer, he has not taken physical possession of it. He said he needed more time to study that material.
“I don’t feel like this is enough time,” Carter said. “My life is on the line.”
Carter is charged with aggravated murder, murder, felonious assault and aggravated robbery in the April 29, 2013, death of Kristopher Stuart, who was found shot to death within inches of a revolver. Carter and a co-defendant, Dejuan Thomas, 33, of Osborn Avenue, were both wounded in the same shooting, police said.
A third person, LaQuawn Hopkins, 35, of South Schenley Avenue, pleaded guilty Tuesday to a charge of tampering with evidence in the case the day his trial was also set to begin.
He is accused of tampering with pictures of the crime scene and a cellphone. He will be sentenced at a later date; prosecutors are recommending probation.
Carter, who is free on bail, told the judge he was in the county jail several times and wrote to his lawyer, Jeffrey Limbian, asking for the discovery material, but it was never given to him.
Limbian told the judge he has gone over the material with his client and that Carter knows the “substance” of the charges and allegations against him.
“Mr. D’Apolito, I’ve never seen my case at all,” Carter said. “I’m in the blind about things. I don’t feel comfortable.”
The judge asked Carter if he had met with Limbian over the 75 days he has been out of the jail and he said he has, but he still has not received his copy of discovery materials despite being told it would be mailed to him.
Limbian said that was not entirely true.
Judge D’Apolito said one day should be enough time to go over the case one last time with his lawyer.
“The issues are not complicated,” Judge D’Apolito said.