Defense attorneys file motion alleging state failed to turn over evidence in Javier Ambler death trial
TRAVIS COUNTY, Texas (KXAN) — The defense attorneys representing former Williamson County Sheriff's deputies James Johnson and Zachary Camden, filed a motion Monday for sanctions on the first day of trial alleging state prosecutors violated the Texas Code of Criminal Procedure and discovery orders by failing to produce evidence related to the case.
Judge Karen Sage rejected most of the defense's requests after a 15-minute recess to consider the motion.
Johnson and Camden face manslaughter charges in connection with the death of Javier Ambler, Jr., who died in March 2019. He was shocked with stun guns following a police chase, which was captured by cameras for the "Live PD" reality TV show.
The motion their attorneys filed said "the State failed to turn over exculpatory and mitigating evidence." It stated Ambler had an active warrant for his arrest when the alleged offense occurred nearly five years ago. The defense attorneys claim information about the warrant was never produced by state prosecutors in accordance with the Michael Morton Act and the Court's discovery orders.
In court, state prosecutors replied the motion was the first it had heard of this issue, but that evidence related to the warrant was included in a zip file provided to the defense.
State prosecutors said they didn't know if the warrant was in effect at the time of the incident, and also called it "minor" as the warrant was for driving a car with expired license plates.
However, the prosecutors did agree if the warrant was active and the officers involved were aware of it, it could be considered exculpatory evidence. According to Cornell Law School, exculpatory evidence "tending to excuse, justify, or absolve the alleged fault or guilt of a defendant."
Because the alleged offense is nearly five years old, the motion stated the defense attorneys were not requesting a continuance or a mistrial, but wanted the court to issue several sanctions.
Specifically, the motion requested the following four sanctions be imposed:
- Admonish the jury prior to opening statements explaining that the state failed to comply with the law and court orders.
- Prohibit the state from using any evidence or argument that Ambler fled for any other reason other than that he had an active warrant.
- Prohibit the state from introducing evidence or arguing that Johnson had any other motive to attempt to stop Ambler for a traffic violation.
- Order the state to pay the defendants all reasonable costs and legal fees associated with this case.
"Unless sanctions are imposed on this egregious conduct there is no deterrent against future prosecutorial misconduct," the motion states.
State prosecutors argued these types of sanctions aren't authorized.
Decision on the motion
Judge Karen Sage rejected most of the defense's requests after a 15-minute recess to consider the motion.
Sage said it was troubling that the warrant was not included, and that the state should have gone further to disclose the warrant.
The judge said she will not read the jury admonishment requested by the defense. She said she will acknowledge the state failed to provide the warrant when it is addressed in the trial but not before opening statements.
The second and third sanctions requested by the defense were rejected because ”we don’t know what the motivations were the night of the incident,” Sage said.
The state will have to pay the defense's legal fees and investigator expenses related to finding the warrant.
This is a developing story and will be updated as more information becomes available.