NEW DATE JULY 14TH:Trial Continued for Suspect Accused of Attacking Gloucester City Resident with a Hammer
Trial Continued for Suspect Accused of Attacking Gloucester City Resident with a Hammer
Thursday, May 28, 2015
by William E. Cleary Sr.
PHILADELPHIA PA May 28, 2015 {CNBNews.net}—The Commonwealth vs.
Nathaniel Maybin Jr. trial scheduled for today before Judge Sean F. Kennedy was continued as a result of last minute evidence being presented by Maybin’s attorney Allan Jeffrey Sagot. Maybin is charged with allegedly attacking Gloucester City resident David Woods Sr. with a hammer on February 20, 2014 around 5PM as he walked out of a West Philadelphia store, at 49th and Lancaster.
The 47-year-old Woods was rushed to the Hospital of the University of Penn (HUP) where he underwent three hours of surgery to repair an eight-inch hole in his skull. He now has a titanium plate in his head. As a result of the attack, he is permanently disabled.
Today’s trial was scheduled for 9AM, but it didn’t begin until 1:25 PM. When the court was out for lunch Sagot presented into evidence a videotape that allegedly shows his client in a Chinese Deli on 41st Street in Philadelphia. Assistant District Attorney Kristen Strentz objected to the tape being introduced on such short notice and asked the Judge to proceed with the trial without this tape. But, the Judge denied her request and said he would allow the new evidence to be introduced.
A new trial date was set for July 14, at 9AM in courtroom 701. Supposedly this will be the only case Kennedy will hear that day.
After the proceedings were adjourned Sagot apologized to the Woods family and their friends for the delay. “I gave the videotape to my clerk to deliver to the prosecution before today’s trial. For some reason, the prosecution never got it. I don’t follow up on these things. I thought it was taken care of. It wasn’t done intentionally.”
ADA Strentz wasn’t happy with the delay. Neither were members of the Woods family.
“If we proceed today without the new evidence and the defendant is found guilty, an Appeals Court more than likely would grant a new trial because the tape wasn’t allowed,” the ADA said. Strentz added that the delay will give her office time to review the new evidence and authenticate it.
Judge Kennedy said to the family, “You have been sitting here patiently since 9 this morning. We are sorry. Since this video could be a possible alibi for the defendant I have to allow it to be entered. Otherwise, we would be back here in three years on an appeal. This case is moving along pretty fast when you consider the court system.”
The trial was originally scheduled for January but was postponed until April 1. Late in the afternoon on March 31 the family received a call that a new ADA was appointed (Strentz) and she needed more time to review the case which moved the trial to today, May 28.
Maybin, age 29, was arrested on February 26, 2014 and charged with attempted murder, along with aggravated assault, possession of a instrument of a crime (the hammer), simple assault, and recklessly endangering another person. Maybin’s bail was originally set at $1million after he surrendered to authorities. However, on May 1, 2014, Commonwealth Judge Charles Hayden reduced the bail to $50,000 and placed him under house arrest if he did post bail. At the time of his arrest, a warrant had been issued for Maybin for a parole violation. As a result, he has remained in custody.
Besides a store video of the attack, two eyewitnesses have placed Maybin at the scene of the crime. The video is grainy and doesn’t really show the attacker’s face. According to the Prosecution, if convicted of all charges Maybin could be sentenced to a 25 to 40-year prison term.
The Defense has requested a waiver of jury trial.
*As such Judge Kennedy will try the case and shall determine all questions of law and fact and render a verdict which shall have the same force and effect as a verdict of a jury. According to the Pennsylvania Code, a verdict shall be rendered in all non-jury cases within 7 days after the trial.
Full Disclosure: Mr. Woods is the son-in-law of William E. and Connie Cleary Sr., the owners of CNBNews, http://www.gloucestercitynews.net/clearysnotebook....NOTE: THE DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN OTHERWISE
*(Source) The Pennsylvania Code: CHAPTER 6. TRIAL PROCEDURES IN COURT CASES
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