Two men of McKeesrocks, ' a suburb of Pittsburgh Pennsylvania ,Joseph Arlott who is 26 yeras old and Beau Chermer on February 10 2014 asked for them to be retried on a murder case that they murdered an 81 ywar old man Daniel J Santia after robbing his house in Hopewell Township Pa another suburb of Pittsburgh.
The lawyer for the two men accused of killing Daniel J Santia said that on the prosecutors side there was Prosecutorial Misconduct .
On Tuesday President Judge John D McBride in a memorandum opinion said that he couldn't find any evidence that the prosecution didn't give a fair trial
In Beaver County which is a suburb of Pittsburgh, Robert Chamberlain said on January 21, 2014 that he either visited Santia in Allegheny General Hospital on either May 19 or 20th but he wasn't posisitive of the date .
But Chamberlain said he would be able to go back to his office coimputer from the pictures in question on it and then they had the dates of the pictures
The Defense didn't want the pictures shown to the jury but the judge denied that motion,
On January 30, 2014 on the record proceedings were held where assistant disrict attorneyFrank Martocci said the pictures were taken by Hopewell Detective Durkos who took the picture on may 1, .
THe defense was asked for a mistrial it was given the defendants claim they shouldn't be tried again because of double jeopardy.
The defense said the two accused ofd murder said they didn't get a fair trial because the prosecutors showed the jury pictures and knew the dates were wrong . Martocci and Assistant District Attorneys Brittany Smith said that Durkos was not in prpearations for trial when pictures were reviewed and Chamberlain said he took the pictures.
Response to the motion for a double jeopardy said that when Durkos told the prosecutors he wasn't sure when he took he took the pictures they said, "The prosecutuon initiated an investigation into the disceeptancy regarding who actually took the pictures , Chamberlian "was mistaken with Mr Santia because he did not visit Mr Santia on May 16, 2012 (not May 1, 2012) furthermore ,. the photographer files were in his possession adding to the belief that he had taken the photos .
In his opinion President Judge McBride wqrote a "a fair trial, of course is not a perfect trial Errors can and do occur. He admitted the prosecution made an errorThen wrote on that "To be certain The Commonwealths preparation for trial was not adequyate and therefore did not constiutiute error. The commonwealth came forth as soon as it became known the detective was mistaken as to whether he took the photographs or not. McBride wrote "The Judicial error was avoidable had the court not allowed the exhibits to be admitted until Detective Chamberlain could ascertain when the photographs were taken .:
McBride did not address an allegation that the defense was saying that if ir couldn't get a plea bargain then the defense that they woukld seek a mistrail.
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