Defense Attorney Pierce-Jones Picks Apart Evidence in Eva's Place Drive-By Shooting Case

SAN ANGELO, TX – Jason Scott Little, 30, charged with manslaughter after a woman was killed in a drive-by shooting at Eva's Place on Superbowl Sunday, Feb. 1, 2015, appeared in court Monday morning for his final pre-trial.

The hearing began with Little’s Attorneys, Evan Pierce-Jones and Todd Simons, discussing the specifics of their motion for discovery. The defense attorneys and 119th District Attorney John Best decided to meet outside of the court room following last month’s pre-trial for the purpose of deliberating a motion for discovery.

391st Judicial District Judge Brad Goodwin presided over Monday’s pre-trial.  

A motion for discovery is a pre-trial procedure where either party can request evidence from the other by means of various devices, like a request to view evidence from the Department of Public Safety regarding a case.

One of the motions contested Monday morning was the the defense's request to take DNA samples of all lab technicians who were involved with testing the DNA evidence for Little’s case.

Best objected to the broad use of the ruling in U.S. Supreme Court Case Brady v. Maryland (called "Brady material"), which requires the prosecutions to provide the defense with all evidence that may exonerate the defendant.  

Pierce-Jones defended his motion saying there was a chance that a lab tech’s DNA could have accidentally merged with the evidence being tested. He further urged that the quality control incident reported to him by Best already showed that DNA had been mixed in one of the evidence samples in this case.

Furthermore, Pierce-Jones believed that his DNA list for the lab techs would already be recorded by the DPS and would not be time-consuming to acquire before trial.

Best's motions, along with other requests tied to the motion for discovery, would require much of the information from the DPS crime lab.

Best said he emailed the DPS lab prior to Monday’s pre-trial, and insured he will file an official court motion to keep them on track for the July 25 deadline.

Judge Goodwin stated that Pierce-Jones' motions were  "what-if scenarios," and were a challenge to determine at this point in the case. He agreed that the State is aware of the requirements of the Brady ruling, and is confident they will comply with keeping the defense in the loop.

“There’s a way of going about this without making the prosecution the enemy here,” Judge Goodwin declared.

Another contested motion was regarding the wording of scientific articles regarding DNA testing by the State's experts, as Pierce-Jones wants the experts to show their credibility with the DNA evidence when they testify before the Jury.

Best felt this motion, “was an unrealistic expectation on the part of a witness,” because of how the motion is written it could apply to an expert’s previous school training, lab notes, and training exercises.

Pierce-Jones added that he would want an in-depth understanding of how the experts reached their conclusion as, “DNA evidence is the core part of the State’s case against Little.”

“The concern the State has is time,” Best explained. “If something is determined to be Brady material then we are obligated to [provide] that to the defense counsel.”

In regards to the firearm testing, the defense requested the State have the San Angelo Police Department (SAPD) transport the evidence to their chosen firearms expert. When Judge Goodwin asked Simons where the evidence would be sent, he informed the court that the firearms would be sent to either the lab in San Antonio or in New Mexico. The Defense was uncertain which location the evidence had to be delivered to.

Judge Goodwin stressed the upcoming deadline and urged the defense to figure out the location by close of business on Monday. He also asked Best to schedule a day for both parties to meet with the San Angelo police to review evidence in the case.

After the discussions were finished, Judge Goodwin adjourned the hearing. Little was then turned over the Tom Green County Sheriff’s Office detention officer to be escorted back to the jail.

Little’s Jury trial is scheduled for Aug. 14.

Last year Pierce-Jones was successful in obtaining an acquittal in a similar case, of the accused shooter of Desiree's Gentleman's Club, by picking apart the evidence. In that case, the prosecution had a recorded confession of the accused. No one was injured at Desiree's that night, however.