Tuesday, September 2 2014 7:01 AM EDT2014-09-02 11:01:42 GMT
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Tuesday, September 2 2014 5:11 AM EDT2014-09-02 09:11:28 GMT
U.S. military forces attacked the Islamic extremist al-Shabab network in an operation in Somalia on Monday, the Pentagon said, in a strike a Somali official said targeted the group's fugitive leader.More >>
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Tuesday, September 2 2014 2:11 AM EDT2014-09-02 06:11:03 GMT
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TROY, AL (WSFA) -
The prosecution in the case against the alleged Troy mobile home park rapist has filed a motion asking for a judge to set aside his motion to overturn the suspect's conviction.
Andre Lamon Ellis was previously convicted of two counts rape first degree and one count of first degree burglary in connection with two incidents on the same day at the Hunter's Mountain Mobile Home Park in Troy.
The prosecuting attorneys in this case are now fighting back saying there was no wrongdoing on their part, that the court did not have the proper jurisdiction to overturn the verdict, and that negligence on the part of the defense should have no bearing on how the prosecution tries its case.
The full order from the Judge Kelley as well as the motion from the prosecution both contain graphic descriptions of the crime. While the documents are available in the public domain, WSFA 12 News will not publish them here.
Judge Kelley wrote about five specific discrepancies in the case as his basis for overturning Ellis' convictions.
The prosecution methodically attacked each one of those discrepancies in the motion.
Kelley wrote that certain statements given by witnesses as well as timeline information were exculpatory in nature and were not disclosed to the defense. The prosecution argues that the statements in question were not exculpatory, and that there is a difference between impeachable evidence and an inconsistent statement.
The state argues that no evidence was suppressed at any point during discovery or trial - the defense "failed to follow the proper procedure" to obtain the statements in question despite the fact that they were readily available.
Prosecuting attorneys state that they cross referenced a witness' text message with the phone company and the defense had the ability to do the same, they failed to utilize that opportunity. And, that specific pieces of evidence brought up by the defense were not suppressed and furthermore were spoken about during testimony at trial and therefore should have no bearing on a motion for a new trial.
In the motion it also states that all questionable statements pertain to the rape count involving the victim identified only as M.H. The prosecution writes that the new trial would also pertain to the count involving the rape of the second victim, Q.H. when none of the evidence in Q.H.'s count is in question.
The prosecution writes, "Although the trial for each victim was held at the same time, the cases are still mutually exclusive of the other."
Finally, the prosecution attacks the procedure in which the defense filed a motion for a new trial. Prosecuting attorneys write that the defense filed the motion two days before the defendant was sentenced whereas the Alabama Rules of Criminal Procedure state that the motion must be filed after the sentencing hearing.