RICHMOND —
The trial of a couple accused of burglarizing a Berea home ended less than an hour after it started Monday when Madison Circuit Judge Jean C. Logue declared a mistrial because of evidence that was not provided to the defense.
Joshua Newby, 29, and Amy Newby, 27, are charged with burglarizing the home of Dennis W. Hatfield on Barker Lane last year. The Kentucky State Police allege that Joshua Newby entered the home the night of Sept. 10 through a bedroom window and stole several items, including a handgun. Amy Newby acted as a “look-out,” according to police.
Joshua Newby is charged with first-degree burglary, which is a Class B felony that carries a sentence of 10 to 20 years in prison if convicted. Amy Newby faces a facilitation to commit first-degree burglary charge, which also carries the same penalty.
Both Joshua Newby and Amy Newby, who is pregnant, are free on bond.
The first witness called Monday afternoon by Assistant Commonwealth’s Attorney Paco Villalobos was Detective Jeremy Hamm.
During questioning about the investigation, Hamm said Amy Newby had implicated her husband during an interview he and Sgt. Dustin Hon conducted at the KSP Post 7 headquarters after she was arrested Sept. 19.
“She denied involvement,” Hamm said. “... She made the statement Josh needed to ‘make it right.’”
The attorneys representing the Newbys immediately objected, and a recess was called. Valetta Browne represents Josh Newby while Tim Despotes represents Amy Newby.
The jury left the room, and Villalobos, Browne and Despotes questioned both Hamm and Hon about the interview with Amy Newby, which both officers said was recorded and a summary was written by Hon.
Browne said neither she nor Despotes had been given the written summary or the audio recording. Hamm said the report was page 84 of his case file, which he had with him in court. Browne said the case file she had been given during the discovery process only had 70 pages.
Browne moved for a mistrial because she was unaware of the interview in which her client was implicated by his wife.
“It’s a significant piece of evidence in this trial that we did not know about until Trooper Hamm’s testimony,” Browne said.
Because Amy Newby was not going to testify during the trial, Browne said she wouldn’t be able to question the woman about the damaging statements she reportedly made against Joshua Newby.
Despotes also entered a motion for a mistrial.
Assistant Commonwealth’s Attorney Tom Smith attempted to keep the trial on track by suggesting that the defense attorneys be provided the missing report and audio recording, and the trial reconvene at 1 p.m. today.
Logue said although the KSP had apparently not provided the audio recording to either side, a short delay was not sufficient to address the error.
“... I fear a half-day delay will not be sufficient for the defense to hear that tape,” Logue said.
Logue declared a mistrial and scheduled the case to be tried again Oct. 8. She ordered the Kentucky State Police officers in the investigation to meet with both the assistant Commonwealth’s attorneys and the defense attorneys to ensure all evidence is turned over.
“We can make sure the defendants’ rights are protected,” Logue said.
Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.
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