Georgia investigators lost and damaged evidence in Macon murder case, judge rules

U.S. Manager 07/10/2023

MACON, Ga. (AP) — A Georgia judge has ruled that the district attorney’s office and sheriff’s office in Bibb County mishandled evidence in a murder case pending trial.

According to court testimony Tuesday, investigators lost text messages and a doorbell video — key evidence in the case against Jordan Mullis, one of three people charged in the 2021 slaying of 18-year-old Montaveous Raines Jr. in Lake Wildwood, a community in northwest Macon about 84 miles (136.7 kilometers) south of Atlanta.

Investigators transferred the video to an external hard drive that was later physically damaged, which corrupted the video, Macon-Bibb County District Attorney Anita Howard said following the hearing, WMAZ-TV reported. A phone containing texts between Mullis and Raines also was destroyed, officials said.

Howard said communication about handling the evidence “could have been better.”

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“It’s not a lack of caring, … it was just making sure that evidence is in one place,” Howard told The Telegraph.

Assistant District Attorney Dawn Baskin initially claimed the state did not have the phone or the video at any point, but video later showed a sheriff’s office investigator took Mullis’ phone during an interrogation.

Other cell phone evidence was unusable. When Mullis’ defense team requested it, the data prosecutors sent was corrupted.

“Repeatedly, (Baskin’s) credibility has been undermined, and she’s come back and had to beg the pardon of the court,” The Telegraph reported Superior Court Judge Jeffery Monroe saying during the hearing. “‘Judge, there’s not any Ring camera video.’ Oops, there is video. ‘Judge, we don’t have Mr. Mullis’ phone.’ Oops, we do have his phone. And again and again.”

He ruled the district attorney’s office acted in bad faith because they were asked several times to turn over all evidence and because the evidence was lost. The evidence was brought into question when Mullis’ attorneys asked that the case be dismissed because prosecutors did not turn over all the files. Monroe denied the motion.

Monroe also ordered the sheriff’s office to gather all digital evidence in Bibb County court cases and move it to one location.

“That is the beginning of it and that is the end of it,” the newspaper reported Monroe saying. “Evidence should live all in one place, such that it makes the lives of your staff easier.”

Howard said she wants to avoid similar situations in the future and has created a task force to review all murder cases that occurred in the county before the office’s Intake Investigative Unit was formed in 2022. The IIU reviews the “most serious violent felony crimes” before the cases are assigned to an assistant district attorney. It also helps collect evidence, including police body camera and surveillance video, which is essential to holding offenders accountable, Howard’s office said.

“The integrity of all criminal cases in my office is the utmost priority to me,” she said in a statement. “In the vast majority of cases, things operate as they should. When they do not, as in this case, we will always address the situation with law enforcement and do what is necessary to minimize those errors in the future.”

Raines’ body was found in a parking lot in Macon on Nov. 19, 2021. He was unresponsive and had gunshot wounds to the upper body, authorities said.

In addition to Mullis, Jaylen Smith and Mia Hawkins were arrested in the case. Hawkins’ case was closed after she pleaded guilty. Trial dates are pending for the others.

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