According to defense attorney Bill Stradley, Ms. Oncken hid evidence that the alleged victim originally said her assailant was black, not white.
First Assistant District Attorney Jim Leitner, a former defense attorney until his appointment by Pat Lykos, denied the allegations. Mr. Leitner also added that even though defense attorneys ask to review prosecutors' files -- they often only spend a fraction of the time that he thinks it should take to process the data.
Obviously Mr. Stradley spent enough time reviewing the file to locate the evidence that the state failed to disclose.
A hearing on the matter was scheduled for today.
At today's hearing, Visiting State District Judge Van Culp ruled that the prosecutor should have turned over the information about the alleged victim's original identification. The judge then ruled that because the information was discovered prior to trial that a mistrial was not warranted.