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Status of late witness pushes murder trial back again
By Joe Gorman
YOUNGSTOWN
The status of a witness prosecutors wanted to add to their list just hours before a man was to be tried in Mahoning County Common Pleas Court in an April 2013 murder on Elm Street has caused the trial to be delayed.
Judge Lou D’Apolito said during a hearing Thursday he was not happy with delaying the trial of Kalontae Carter, 19, of Norwood Avenue again, but he needs time to see if prosecutors should be allowed to call the witness.
Assistant Prosecutor Nick Brevetta told the judge he knew of the witness months ago but he did not expect to call him until he did research to see if he would be allowed to testify about a statement the deceased co-defendant made about Carter and the death of 26-year-old Kristopher Stuart.
He said after studying case law on the matter as he prepared for trial he determined he could call the witness, so that is why the witness was added at such a late date.
Stuart was found shot to death April 29, a revolver just inches away from him. Carter and the other man who was charged with Stuart’s death, DeJuan Thomas, who was 32, were both also wounded. Both were charged with aggravated murder, murder, aggravated robbery and felonious assault.
Thomas was killed in February outside an Oak Hill Avenue bar.
Carter was supposed to go on trial Tuesday, but he asked for a delay because he said his lawyer never gave him the necessary material for his case. Judge D’Apolito granted him a one-day reprieve, which stretched into a week Wednesday.
Judge D’Apolito set a new pretrial date of July 14. He will not allow any more motions by either side after Monday.