Murder charges dismissed against Kiera Bergman’s ex-boyfriend, judge cites “extreme negligence”
In a lengthy ruling, the judge cited the prosecutor's failure to disclose important, exculpatory evidence in a timely manner and also was critical of the Phoenix Police Department for not following up on Silent Witness tips.
The case is not closed yet, and the Maricopa County Attorney's Office could still re-indict Clark for the teen's murder in the future. Clark has already been indicted for the murder twice, "largely on circumstantial evidence" according to the judge's ruling.
"The judge essentially ruled that there is information that needs to be shared. So we have to go back to the very beginning and take a look at the case based on the evidence in its entirety," said Jennifer Liewer, a spokesperson with the Maricopa County Attorney's Office.
The judge was far harsher with his words, stating that his "overriding concern necessarily revolves around the State’s clear mishandling of the potentially exculpatory Silent Witness records."
Clark's defense attorney's successfully argued that the state, county prosecutors and police, did not investigate nor disclose an important Silent Witness tip that would have benefited their main suspect, Clark.
"Someone called in saying they had seen Kiera two weeks after she disappeared," said Bragg, explaining the Silent Witness tip.
That information is considered exculpatory and beneficial to Clark.
But it was never mentioned to the grand jury or in the discovery given to Clark's public defenders.
The judge writing, "the State’s failure to identify and disclose these records for eighteen (18) months constituted an act of extreme negligence.”
"They weren’t things that were intentionally withheld," said Liewer, who pointed out that the defense filed many unsuccessful motions as well, and noted that prosecutors claim that did not know about the Silent Witness tip for more than a year.
"I’m angry, I’m very upset. Just that this guy is out and walking the streets right now," said Bragg.
I like to give the accused the benefit of the doubt where possible, and I am glad to see public defenders doing their job. But this guy is clearly guilty and that one Silent Witness tip sounds meaningless to me.