Video-taped confession foundPublished 8:35am Monday, September 16, 2013
The defense team of B.J. Lewis and Steve Langham called out the state on Friday saying the district attorney’s office acted in “bad faith” in concealing a video-taped confession related to the Feb. 15, 2012, shooting death of Anna Cardwell.
Just a few days after a suppression hearing before Circuit Court Judge Ben Fuller, the district attorney’s office turned over a DVD containing an alleged video-taped confession by Joshua Caspari in relation to Cardwell’s death.
Caspari is facing a capital murder charge in the death of Cardwell.
Lewis and Langham said the taped confession was on Feb. 21 and has contested that this alleged confession should not be admitted as evidence for their client’s scheduled trial.
“On July 25 we were told there was a video, and it no longer existed,” Langham told the court. “Then two months later there’s a video-taped confession from Feb. 21 that all of a sudden shows up?”
Langham and Lewis further stated that Steve Houts, who was previously part of Caspari’s defense team until Houts accepted a post in the state attorney general’s office, submitted a sworn affidavit saying that he had no knowledge of any video-taped confession by his former client made five days after the shooting death of Cardwell.
Fuller called the video-taped recording “devastating.”
Caspari’s defense team contends the alleged video-taped confession on Feb. 21 nor the written confession — of which all but one sentence was written by Elmore County Sheriff’s investigator Troy Evans — on Feb. 16 should be allowed as evidence.
Fuller said he will rule on the motions by the end of this weekend.
Fuller also granted a three week extension as requested by the defense, so the trial is scheduled to begin Oct. 28.