NASSAU- The prosecution dropped a murder charge against a suspect in a brazen daylight killing after a judge refused to allow a missing witness’ statement into evidence.
Fred Lifaite, 46, was accused of the February 15, 2016 murder of Dave Miller Sr at Fifth Street, Coconut Grove.
A gunman, whom prosecutors said was Lifaite, shot Miller as he drove his Toyota Camry.
Prosecutors called four witnesses in Lifaite’s trial before Justice Gregory Hilton.
However, police couldn’t locate the alleged eyewitness.
Still, the prosecutor, Timothy Bailey, tried to have the witness’ statement to police entered into evidence.
Public defender Marianne Cadet opposed the application on the basis that all steps had not been taken to find the witness.
She further argued that Lifaite would suffer prejudice by an inability to cross-examine the witness.
Justice Hilton denied the application after he found the steps taken to find the witness “were clearly last minute and inadequate.”
In an affidavit outlining his attempts to locate her, Constable 3889 Edmond Johnson said he began his search for the witness on November 9, the day before the trial started.
However, the trial had initially been scheduled to begin on November 1.
Constable Johnson said he checked the witness’ last known address at Sixth Street and tried to contact her by phone without success.
But the judge found these efforts wanting since the officer did not check the National Insurance Board to determine if and where the witness worked.
Officer Johnson also failed to check the voter’s register to locate the witness’ address.
Additionally, no advertisements for the witness were placed in the newspapers, radio, TV or social media.
As a result of the Court’s ruling, the prosecution withdrew the charge against Lifaite. Since Lifaite was not acquitted, prosecutors can reinstate the charge at a later date.
However, Lifaite remains in custody as he’s facing another charge. While on bail for Miller’s murder, Lifaite was accused of the shooting death of Kendino McDonald at Williams Lane on February 25, 2021.
