Defense in Tydarian Moore case files motion for new trial after new witness comes forward

The defense for a man convicted of manslaughter with a firearm filed a motion Monday for a new trial after a previously unidentified witness came forward with his account of the fatal shooting.

After reading a Sarasota Herald-Tribune article about the Tydarian Moore trial, Markus Kajuan Jackson contacted Moore's attorney and said he was present during the Sept. 17, 2020, shooting of Antonio Wright, according to the motion.

Jackson told defense attorney Andrew Hibbert that he "desires to testify about what he saw with his own eyes." The motion states that if Jackson's testimony is allowed, it could lead to a different outcome of a jury trial.

No date has yet been set for a hearing for the motion.

Hibbert said Circuit Judge Donna Padar has given Assistant State Attorney Karen Fraivillig, who prosecuted the case, until Sept. 30 to provide a written response to the motion.

It is unclear from the motion what Jackson said he witnessed or what new evidence might be introduced. Hibbert said Wednesday the details of what Jackson saw were recounted to an investigator, and he will most likely share his account with the judge once a hearing is scheduled.

"We think the jury, in the interest of justice and fairness to Tydarian Moore, should be presented with all the evidence that exists, not just Tiffany Willis' side of the story," Hibbert said.

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In response to the motion, Fraivillig said Wednesday morning that it remains to be seen if the Court will grant a new trial based on what the witness may say, especially since none of the details of his account are listed in the motion.

"The defense attorney has made an allegation after the trial that a witness has come forward with new information, however, the attorney has not put in his motion what this new information may be, so at this point, it's a near allegation which has not been provided to the State Attorney's Office or the Court," Fraivillig said.

A jury found Moore guilty of manslaughter with a firearm on Sept. 9 after a four-day trial. Moore was originally charged with second-degree murder with a firearm.

He is awaiting sentencing which has been scheduled for Nov. 18.

During the trial, jurors heard testimony from Tiffany Willis, Wright's romantic partner and the single eyewitness presented by the State Attorney's Office. Willis testified that her friendship with Moore fell apart following a dispute about payment for damage done to a rental car Moore borrowed from Willis.

The dispute led to a confrontation between Wright and Moore near the Purple Store on Mango Avenue, which ended in Moore running from Wright while turning around to shoot at him, Willis said.

Willis testified she didn't immediately disclose to police about the previous shooting following Wright's death, a fact which Hibbert extensively questioned her about during the trial.

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In the motion for a new trial, the defense states that it was undisputed that at least two others were present during the Sept. 17, 2020, shooting, including Nazariya Hale and "a tall black male wearing a white baseball hat." Jackson identified himself to the defense as the man in the white hat.

However, prior to and during the trial, the identity of the man was not known to anyone, including law enforcement, the prosecution, or the defense.

Additionally, the defense states in the motion that Willis supposedly lied repeatedly under oath and that no neutral third-party eyewitnesses were presented to testify by the state.

Further grounds for mistrial

The defense further said there are additional grounds for a new trial following an "extremely improper and highly prejudicial comment/argument" made by Fraivillig.

The comment was regarding Moore telling his friend, Isaiah Martinez, he wanted to turn himself in, but wanted a lawyer first. Martinez testified about the exchange when he was called to the stand prior to closing arguments.

When Fraivillig was addressing the jury, she started to say, "Does a man who is innocent say, 'I'm going to turn'," before being interrupted by an objection by the defense, according to a transcript of the trial attached with the motion.

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The motion states that Fraivillig's comment could have led the Court to grant a mistrial since it inferred that Moore was guilty as he wanted a lawyer before turning himself in, even though the Fifth and Sixth Amendments grant him the right to remain silent and have an attorney present when being questioned.

The transcript shows that Padar after a brief sidebar with the attorneys instructed the jury to remember that the Constitution requires the State to prove its accusations against the defendant, and the defendant has a right to not testify during trial and it does not determine their guilt.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: Tydarian Moore defense files for new trial in Sarasota homicide case