GWINNETT COUNTY, Ga. — There are concerns about two major cases in Gwinnett County after prosecutors can’t find a key witness in one and allegedly lost paperwork in another.
Channel 2′s Tony Thomas was in in Lawrenceville where he spoke with court insiders and went to the top prosecutor for answers.
Two of the three murder defendants are out on bond, a very rare occurrence in Gwinnett, and the same two were free of all charges for several days before being re-indicted because prosecutors can’t find a key witness in the case. And court insiders tell me investigators never moved to hold him for court until it was too late.
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Gwinnett County District Attorney Patsy Austin-Gatson said she is looking forward to prosecuting brothers Cobe and Corey Myart along with Gabriel Morales for the 2020 home invasion murder of a 22-year-old Peachtree Corners man.
“We will be working through the courts,” she said.
Last week Gwinnett County Chief Judge George Hutchinson dismissed the murder case because of the critical witness being “unavailable.”
Cobe Myart and Morales were quickly released. They were re=indicted but not picked back up for five days. Then Hutchinson gave them bonds
Alleged triggerman Corey Myart was never released due to a probation hold.
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In an email, the DA responded to Thomas’ questions: “I do have concerns about cases in the office that existed pre-COVID that are yet pending. We all know that witnesses do not stay in place years on end awaiting to be called into trial.”
Another issue came as prosecutors are waiting on a judge’s decision that could dismiss a kidnapping and rape case.
Alfredo Capote said he sent notice from federal prison triggering a quick trial, but no one can find the paperwork. He’s asking a judge to drop all charges.
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“When this problem came up our promise was to fight on this case, and we are fighting,” Austin-Gatson said.
Many court insiders told Thomas they believe the judge or judges are trying to send a message to prosecutors. The judge handling the rape case said she will have a decision soon.
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