AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*

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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.
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"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.
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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.
 
Oh no!! Well, hoping the prosecutors can refile charges & investigate this "sighting"!!

He does still faces 22 counts of aggravated identity theft & 2 counts of forgery. And his bond on that is $25K - so is he "out there" - or still in jail I wonder....
 
thref23 said:

Murder charges dismissed against Kiera Bergman’s ex-boyfriend, judge cites “extreme negligence”

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.
Click to expand...
I agree, it's unfortunate the tip slipped through the cracks and was not disclosed or investigated. I say this quite frequently; eye-witness tips are proven to be wrong more often than not. A tipster is 100% certain they saw the victim, then later we find out the victim was already dead.

Jon Clark seems to have a teflon coating, I hope prosecutors will refile charges. I'd like for one of our attorney's to chime in and give their opinion on this case. I'll ping @AZlawyer & @gitana1 .
 
How will the tip play out in this case if the charges are re-filed? Will it be enough reasonable doubt for a jury to acquit or hang?
 
Knox said:
I agree, it's unfortunate the tip slipped through the cracks and was not disclosed or investigated. I say this quite frequently; eye-witness tips are proven to be wrong more often than not. A tipster is 100% certain they saw the victim, then later we find out the victim was already dead.

Jon Clark seems to have a teflon coating, I hope prosecutors will refile charges. I'd like for one of our attorney's to chime in and give their opinion on this case. I'll ping @AZlawyer & @gitana1 .
Click to expand...

Can you give me a bit of a rundown on what’s happening?
 
Knox said:
I agree, it's unfortunate the tip slipped through the cracks and was not disclosed or investigated. I say this quite frequently; eye-witness tips are proven to be wrong more often than not. A tipster is 100% certain they saw the victim, then later we find out the victim was already dead.

Jon Clark seems to have a teflon coating, I hope prosecutors will refile charges. I'd like for one of our attorney's to chime in and give their opinion on this case. I'll ping @AZlawyer & @gitana1 .
Click to expand...

Remember in the Caylee Anthony case, when we got a huge batch of discovery and it was all these crackpots claiming to have seen Caylee in different places, and detectives were tracking down every lead no matter how obviously wrong they were? This is why they did that. :/ I’m not familiar with the evidence in this case, but I’m sure they’ll refile if they have enough for a conviction and this silent witness tip can be convincingly refuted. The only problem will be if it is a credible tip and too much time has gone by to really investigate it.
 
This is still showing as happening today - maybe a video teleconference?

Tuesday, May 5th:
*Status Hearing (@ 11am PT) – AZ – Kiera Lane Berman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018) - *Jon-Christopher Marcus Clark (23/now 24) arrested (8/17/18) & charged (8/18/18) with 22 counts of aggravated identity theft & 2 counts of forgery. Plead not guilty. $25K bond.
Trial was set to begin on 11/8/19 continued to 4/6/20 has been cancelled due to the coronavirus.
Clark had a warrant from out of state, but was also booked in Phoenix with the new charges. Also violated probation on another charge (not stated).
Court hearings from 11/6/18 thru 8/7/19 reference post #837 here:
Found Deceased - AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*
9/26/19: Trial is vacated. Pretrial hearing on 10/29. 10/29/19: Next status hearing on 2/6 & 2/13/20. 2/6/20: Next status conference hearing on 2/13 & 3/6. 2/13/20: Next Status hearing on 3/6. 3/6/20: Next status hearing on 3/12.
3/12/20: For Forgery: Oral arguments hearing on 3/24, Status conference hearing on 3/25 & trial starts on 4/6. 3/24/20: Status conference rescheduled to 5/5/20. Trial on 4/6/20 has been postponed due the Coronavirus. And a status hearing on 6/3.
*Kiera Lana Bergman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018 near State Rte 85 in Buckeye) – *Jon-Christopher Marcus Clark (23/now 24) (BF) charged (9/11/18) & arraigned (9/21/18), indicted (5/14/19) & re-arraigned (5/21/19) with 2nd degree intentional murder & tampering with physical evidence. Plead not guilty. Bond set at $1M CASH only. Judge released Clark (3/13/20) w/GPS monitor.
Trial was set to begin on 3/12/20 moved to 3/25/20 moved to 4/6/20 (thru 5/6/20)-CANCELLED, case was dismissed.
3/25/20 Update: 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. "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.” 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. Case dismissed.
 
Wednesday, June 3rd:
*Status Conference Hearing (Forgery) (@ 8:30am PT) – AZ – Kiera Lane Bergman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018 near State Route 85 in Buckeye) - *Jon-Christopher Marcus Clark (23/now 24) arrested (8/17/18) & charged (8/18/18) with 22 counts of aggravated identity theft & 2 counts of forgery. Plead not guilty. $25K bond.
Trial was set to begin on 11/8/19 continued to 4/6/20 has been cancelled due to the coronavirus.
Clark had a warrant from out of state, but was also booked in Phoenix with the new charges. Also violated probation on another charge (not stated).
Court hearings from 11/6/18 thru 8/7/19 reference post #837 here:
Found Deceased - AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*
9/26/19: Trial is vacated. Pretrial hearing on 10/29. 10/29/19: Next status hearing on 2/6 & 2/13/20. 2/6/20: Next status conference hearing on 2/13 & 3/6. 2/13/20: Next Status hearing on 3/6. 3/6/20: Next status hearing on 3/12.
3/12/20: For Forgery: Oral arguments hearing on 3/24, Status conference hearing on 3/25 & trial starts on 4/6. 3/24/20: Status conference rescheduled to 5/5/20. Trial on 4/6/20 has been postponed due the Coronavirus. And a status hearing on 6/3.
5/5/20 Update: Status conference hearing was rescheduled due to coronavirus. Next status conference hearing on 6/3.
*Kiera Lana Bergman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018 near State Rte 85 in Buckeye)-Case was dismissed on 3/25/20. See post #868 for info:
Found Deceased - AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*
 
Hey all,

In March we were interviewed regarding Kiera's story for a TV show on the ID channel. It will be airing this Tuesday night at 9PM CT/10pm EST and the show is called "Still a Mystery ".

If you don't have cable, but still want to watch it you can watch it on YouTube if you have an account.

Thank you again for all of you thoughts, prayers and support over the last 2 years I truly appreciate it!
Love,
Kiersten (Kiera's mom)
#JUSTICE4KIERA
Justice 4 KIERA
 
I believe the 7/13 hearing has been rescheduled from what I can interpret from their website... :rolleyes: Probably because of the COVID-19.

Docket:
Filing Date Description Docket Date Filing Party
6/5/2020 083 - ME: Conference Reset/Cont - Party (001) 6/5/2020

Hearings:
7/13/2020 8:30 Status Conference

9/29/2020 8:30 Status Conference

link: Criminal Court Case Information - Case History
 
Looks like the DA recharged him with the murder of Kiera!!! Good thing I looked... except I missed a couple of hearing for that.

Tuesday, September 29th:
*Status Conference Hearing (Forgery) (@ 8:30am PT) – AZ – Kiera Lane Bergman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018 near State Route 85 in Buckeye) - *Jon-Christopher Marcus Clark (23/now 25) arrested (8/17/18) & charged (8/18/18) with 22 counts of aggravated identity theft & 2 counts of forgery. Plead not guilty. $25K bond.
Trial was set to begin on 11/8/19 continued to 4/6/20 has been cancelled due to the coronavirus.
Clark had a warrant from out of state, but was also booked in Phoenix with the new charges. Also violated probation on another charge (not stated).
Court hearings from 11/6/18 thru 8/7/19 reference post #837 here:
Found Deceased - AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*
9/26/19: Trial is vacated. Pretrial hearing on 10/29. 10/29/19: Next status hearing on 2/6 & 2/13/20. 2/6/20: Next status conference hearing on 2/13 & 3/6. 2/13/20: Next Status hearing on 3/6. 3/6/20: Next status hearing on 3/12.
3/12/20: For Forgery: Oral arguments hearing on 3/24, Status conference hearing on 3/25 & trial starts on 4/6. 3/24/20: Status conference rescheduled to 5/5/20. Trial on 4/6/20 has been postponed due the Coronavirus. And a status hearing on 6/3.
5/5/20 Update: Status conference hearing was rescheduled due to coronavirus. Next status conference hearing on 6/3. 6/3/20 Update: Status conference hearing was again rescheduled due to coronavirus. Next status conference hearing on 7/13. 6/5/20 Update: Status conference was rescheduled due to COVID-19 to 9/29/20. And status hearing on 10/27/20 @ 8:30am.
*Kiera Lana Bergman (19) (missing Aug. 4, 2018, Glendale; not reported until Aug. 6, 2018; found Sept. 3, 2018 near State Rte 85 in Buckeye)-Case was dismissed on 3/25/20.
See post #868 for info.
Found Deceased - AZ - Kiera Bergman, 19, Glendale, 4 August 2018 *Arrest*
*Recharged (8/11/20) with 2nd degree intentional murder & tampering with physical evidence/destroyed/altered.
8/11/20 Update: Initial appearance continued to 8/19/20. 8/19/20 Update: Status conference hearing on 9/28/20. 9/28/20 Update: Preliminary hearing on 9/30/20.
 
Here is the murder charge docket:

Party Name - Number Relationship Sex Attorney Judge Case #
State Of Arizona - (1)
Plaintiff N/A COUNTY ATTORNEY CRIMINAL -CCC,
Jon-Christopher Marcus Clark - (2)
Defendant M Terry, Keith Doody CR2018-145110-001

Disposition Information
Party Name ARSCode Description Crime Date Disposition Code Disposition Date
Jon-Christopher Marcus Clark 13-1104A1 (F1) MURDER 2ND DEG-INTENTIONAL 8/4/2018
Jon-Christopher Marcus Clark 13-2809A1 (F6) TAMP W/PHY EVID-DESTROY/ALTER 8/4/2018

Case Documents
Filing Date Description Docket Date Filing Party
8/21/2020 179 - ME: Initial Appearance - Party (001) 8/21/2020

8/19/2020 ROC– Release Order/Order Regarding Counsel - Party (001) 8/19/2020
NOTE: Release Order

8/14/2020 003 - ME: Hearing Reset - Party (001) 8/14/2020

8/11/2020 FIN - Financial Information - Party (001) 8/12/2020
NOTE: Financial

6/19/2020 DCO - Direct Complaint - Party (001) 6/19/2020
6/19/2020 CID - Court Information Sheet - Party (001) 6/19/2020
6/19/2020 RQU - Release Questionnaire - Party (001) 6/19/2020
NOTE: FORM-IV


Case Calendar
Date Time Event
8/11/2020 15:00 Initial Appearance

8/19/2020 13:30 Initial Appearance

9/28/2020 13:30 Status Conference

9/30/2020 13:30 Preliminary Hearing

link: Criminal Court Case Information - Case History
 
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