Dillard Trial Gets Second Wind

Defense attorneys for Eric Dillard filed a motion in Common Pleas Court last Friday for a new trial or acquittal based on new evidence and alleged misconduct by the prosecutor's office and what they consider abuse of discretion by Judge Pike during the trial. The story was reported by Mary Ann Greier in the local papers Thursday. Wellsville's Dillard was convicted of the murder of Jamie Farley and possessing weapons under a disability on May 15. He was scheduled for sentencing June 29.

His attorneys now claim they have a signed statement from a witness that saw the mother of Farley's girlfriend throw something in a plastic bag into Highlandtown Lake shorty after the April 2008 shooting. While fishing at the lake the witness stated he saw Farley's girl friend and her mother drive into the park. The mother got out, walked to the end of a pier and threw the bag into the lake. He did not see the contents of the bag saying it appeared to be something heavy.

Dillard claimed self defense in his shooting of Farley. At the trial Farley's girl friend said Farley had his hands in the air when confronting Dillard. Dillard claimed Farley had a hand to his back in a menacing manner. There was no evidence that Farley was armed presented at the trial. The police searched the night of the shooting and could not find another weapon. Now the defense says they have an anonymously written note from someone who claimed that Farley's gun was in a diaper bag. There was an affidavit from a witness that the mother of Farley's girlfriend was carrying a diaper bag the night of the shooting.

As part of the motion the defense asked the court to finance a search of the lake by a diver. The judge was quoted as saying he'll grant that request if Dillard files a statement that he has no money. The attorneys claim Dillard has no money left after the expense of the trial.

The alleged misconduct by the prosecution is based on what the defense claims is the lack of getting privileged DEA information and intimidation of witnesses and Dillard. They feel they should have been allowed that information under disclosure rules. The abuse of discretion by the judge was based on a response the judge gave to a question posed by the jury while they deliberated. The defense feels Dillard was prejudiced by the judge's answer to that question. The newspaper did not elaborate on what the question was or how the judge responded.

In an article in today's papers Greier tells us the prosecution does not agree to the "sensational accusations" against them and the court. They have asked the court to order the defense to turn over all reports and witness statements related to the filed motion. It was not reported if the judge made any rulings on this request yet. The judge did change the June 29 sentencing hearing to a motions hearing.

Stay tuned folks. It ain't over yet.

ole nib