UPDATE 4:45 p.m.
SPRINGFIELD, Mo.– After five hours in the courtroom, day two of the trial of Dan Nash has come to a close.
During that time, Jennings’ lawyers called five of the 15 witnesses they’re expected to call over the course of the trial.
Those witnesses included a former Greene County Prosecutor, two forensic analysts, a clinical psychologist and PTSD expert, and Jennings’ former public defender.
The first of the five, the former public defender, shared her account of finding the allegedly-suppressed evidence while visiting Highway Patrol’s Troop D headquarters in Springfield.
The second witness, a forensics expert, made more allegations of evidence tampering. According to Witness 2, a thumb drive belonging to Lisa Jennings, which contained an audio clip, was supposed to be copied by a forensics team.
Witness 2 said there was a noticeable modification made to the thumb drive a little more than an hour after it was handed over to forensic investigators.
The third witness, a clinical psychologist and PTSD expert, says she spent 10 hours with Brad Jennings over the course of two days. During that time, she says, Jennings told her he watched people getting stabbed in prison. He told her he saw acts of violence committed by and against the prison guards.
Another forensic analyst would be the fourth witness called by Jennings’ legal team. He reiterated there was no gunshot residue (GSR) on Jennings’ clothes or hands, but noted there was GSR on Lisa Jennings’ hand.
Witness 4 also offered up insight into the responsibility placed on investigating officers who take evidence into custody.
Finally, the fifth and final witness called by Jennings’ legal team was a former Greene County Prosecutor.
During her time in the Prosecutor’s Office, she said she learned about Dan Nash’s reputation in the legal community, adding that it was known that he was “not always truthful.”
SPRINGFIELD, Mo.– A civil rights violation case against Missouri State Highway Patrol’s Sergeant Dan Nash was well underway before noon on Wednesday, February 19, 2020.
Both Nash’s defense team and the legal team of Plaintiff, Brad Jennings, issued opening statements to a court made up of nine jurors and Federal Judge Willie Epps Jr. Jennings’ team even called its first witness.
Jennings, a Buffalo man who was convicted of killing his wife Lisa in 2009, is suing Nash for allegedly suppressing evidence. Jennings’ conviction was vacated in 2018. While he served 10 years of a 25-year prison sentence, he is now considered innocent of the crime.
During their opening statement, Jennings’ attorneys argued Sgt. Nash knew and deliberately withheld the results of a gunshot residue test performed on Jennings’ robe during the original investigation into Lisa’s death back in 2006. That test came back to show there was no gunshot residue on the robe. These tests were never disclosed during Jennings’ initial trial.
Nash’s defense team argues it was not solely the Highway Patrol sergeant’s responsibility to make sure the test was delivered to prosecutors.
“It’s a group effort,” Nash’s attorneys argued Wednesday.
Jennings’ attorneys argue that time on the inside caused him significant financial and emotional damages.
Lisa Phoenix, the first witness called, is the attorney responsible for locating the missing gunshot residue test.
On Wednesday, she told the court she went to Highway Patrol’s Troop D headquarters in Springfield, hoping to locate evidence related to Jennings case. Instead, she found the gunshot residue test itself.
Knowing the test existed, she requested the test’s results through a public information request known as a sunshine application. She says the Highway Patrol failed to deliver the test’s results. She wouldn’t receive those test results until a few months later, when she filed a second request.
She told the court she cried when she saw the results of the test.
This is a developing story.