Monessen shooting case begins despite defense claims of misconduct
By Rich Cholodofsky
A Westmoreland County judge refused to grant a mistrial or dismiss the cases against two men charged in connection with a shooting on a Monessen street despite defense attorneys alleging a clear case of prosecutorial misconduct.
Testimony in the attempted murder and conspiracy case against Joseph Heath, 29, and Rashawn Ford, 23, started Tuesday amid allegations from the defense that prosecutors withheld information and potentially coerced the shooting victim to testify.
Defense lawyers Emily Smarto and Ryan Tutera argued that prosecutors failed to disclose evidence of an aborted plea bargain agreement with Timothy “Boo” Kershaw, who police claimed identified Heath and Ford as the men involved in the June 25, 2017 non-fatal shooting.
“This is outrageous,” Smarto said after learning just prior to the start of the trial Tuesday morning that more than $1,400 in cash was returned by police to Kershaw months before he was charged with drug offenses that stemmed from the night he was wounded.
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