In the ongoing Capitol Fire case, state prosecutors on Tuesday requested additional time to produce key evidence—a cell phone allegedly linked to defendant Tom Etheridge. The prosecution claimed the phone contains a transcript of messages tying Etheridge to the crime, which they presented in court. However, the defense counsel challenged the submission, demanding the physical phone for verification.
By Victoria G. Wesseh
Although prosecution lawyers admitted the defense’s demand diverged from standard legal practices, they accepted the request in the interest of transparency and due process. They asked for a brief extension to present the phone to the court.
Said the prosecution: “Counsel says he request for contiancue in these proceedings to afford the prosecution to satisfy the requirement of the defense that the phone from which the information contained on this printed copy was obtained be produced before court before they are satisfied for these instruments lo be admitted. Although that is very different from our practice, prosecution says they request the time to satisfy their curiosity during the case. Counsel says this request is in good faith with intend to make sure due process is followed and not to eircumvent justice. And so order.”
The defense raised no objection, reiterating that the best evidence in this situation would be the actual cell phone, rather than printed transcripts.
It maintains that printed messages are insufficient as evidence, and supports the prosecution’s request to produce the phone to ensure the integrity of the proceedings.
Defense: “Counsel for defendants do not object to the request for the prosecution to be allowed time to produce the telephone of defendant Thomas Ethridge so as to enable the court to determine the source of the text whatsapp messages sought to be offered into evidence by prosecution. The defendant say however, that the objection of the defense to the printed pages of the text messages was the proper thing to do and is the general rule that the best evidence must always be produced and in the mind of the defense, as between the printed text messages and the cell phone itself that contains the messages, the cell phone is the best evidence and it is on that basis defense does not object.”
Following these arguments, the Monrovia City Court Magistrate Ben Barco granted the prosecution’s request and adjourned the case to Wednesday, January 29, 2025, to allow prosecutors time to produce the phone.
The court ruled that the prosecution’s application is granted, as there is no objection from the defense. Hence the matter is adjourned to January 29, 2025.
The next hearing will focus on the phone’s presentation and its contents, which could be pivotal in determining the outcome of the trial.
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