DETROIT, Mich. (WXYZ) — A Wayne County judge’s decision to toss the murder case against a Detroit father is leading to questions about whether the dismissal went too far.
Watch Ross Jones's report:
On Monday, Judge Cylenthia Miller dismissed the homicide and child abuse charges filed against Charles Evans, accused of killing his 9-month-old daughter Kinsley in 2023.
The dismissal followed the discovery that body camera evidence hadn’t been turned over to Evans’ defense team by prosecutors.
RELATED: Kym Worthy blasts Wayne County judge after infant murder charge dismissed
“It is outrageous that the judge would blame the outcome of the case on the prosecution,” said Prosecutor Kym Worthy Tuesday in a statement. “In all of my years of practice I have never seen a judge behave like this. The record will bear this out.”
Matthew Schneider, a former state and federal prosecutor, called a dismissal in a case of this nature “something that prosecutors hardly ever see.”
At issue is body camera footage from the months that preceded baby Kinsley’s death.
Defense attorneys learned—on the third day of trial—that DPD had failed to provide more than a dozen recordings from prior police calls to the house.
Defense attorney Adam Clements argued he could have used the evidence to impeach witnesses who had already testified.
Schneider said Wednesday that he’s seen arguments over evidence play out like this before, and says that typically, a judge will grant a continuance, adjourn the case and allow both sides to review the evidence.
“In more extreme examples, the second way to do it would be to grant a mistrial, which means the prosecution’s case has to start all over from the beginning,” Schneider said.
“This third option of outright dismissal, it’s pretty extreme.”
Prosecutor Kym Worthy’s office has vowed an appeal, claiming in a press release that Judge Miller’s decision wasn’t just wrong, but that she displayed a bias throughout the trial.
Worthy says Miller should have recused herself from the case to begin with, because she was once represented by an attorney who works with the defense lawyer on this case.
“That’s probably an issue that isn’t the strongest issue that is at appeal in this case, but it is definitely something to be considered,” said Schneider, now a partner with the Honigman law firm.
It is unclear when Worthy’s office plans to file its appeal.Judge Miller could not be reached for comment Tuesday or again today. Judge Patricia Fresard, the chief judge of the Third Circuit Court, declined comment through her office.
Where this case goes next, Schneider says, will depend on how the court of appeals answers two fundamental questions.
“Was there even a discovery violation? Did the prosecution team have an obligation to turn any of this over to the defense (and), if they did, was the remedy the appropriate remedy?”
Contact 7 Investigator Ross Jones at ross.jones@wxyz.com or at (248) 827-9466.