Man convicted in Lexington double murder wants new trial, says prosecutors withheld info
The sentencing for a Detroit man convicted of killing two people in Lexington was set to commence Monday, but has been pushed back because he’s requesting a new trial.
Antonio “Tyree” Gaskin, 45, was found guilty by a jury for two counts of double murder and failing to report two deaths at the end of a jury which trial took place in July. The jury also recommended he serve a life sentence with the possibility of parole after 20 years.
But on Monday afternoon, Judge Thomas Travis addressed a motion filed by Gaskin’s defense team late last week which requested a new trial on the grounds that he did not have a fair trial and there was newly-discovered evidence, according to court records.
The defense team argued in their motion that the prosecution withheld key investigative steps from the defense, withheld impeachment evidence from the defense, and withheld involvement of additional fact witnesses and other interviews from the defense.
“The commonwealth therefore deprived the defendant of a fair trial by failing to disclose evidence material to his guilt or innocence in violation of Brady v. Maryland (1963),” court documents read.
Court documents state that following the trial, defense investigator Joshua Powell submitted open records requests to the Lexington Police Department, which did not comply with the request, and stated the information requested could not be viewed by Gaskin’s defense team due to it being an open investigation, court documents state.
After involving the Attorney General’s Office, Powell was provided with the records which indicated “significant investigative steps were taken regarding the case, and that no reports regarding such steps were provided to the defense,” according to court documents.
Gaskin was charged after police found the bodies of Carter and Harris at the Crystal Garden Apartments on Alexandria Drive. Each was found with gunshot wounds to their head and chest. Gaskin was the first to find the bodies of the two victims, according to previous court testimony. He did not call police, but instead called the victims’ families who reside in Michigan.
The families called police and requested that officers do a welfare check.
Over the course of the four-day trial, prosecutors argued that cell phone evidence and video footage placed Gaskin at the scene of the crime. They also argued that a witness saw Gaskin with Harris just before the shooting and identified Gaskin in a photo.
Gaskin’s defense team, which featured attorneys Sarah Langer and J. Parker Mincy, argued that the witness may have inaccurately identified Gaskin because he was originally shown only Gaskin’s photo.
Defense attorneys also argued during the trial that prosecutors had left too many questions unanswered, and other suspects should have been investigated further before accusing Gaskin.
Following Monday’s hearing, Gaskin’s attorneys stated they believe their client is innocent and planned to appeal the conviction.
“All around the criminal justice system has failed in this case,” Gaskin’s attorneys said in a statement to the Herald-Leader. “We send our heartfelt condolences to the Carter and Harris families. Many legal issues arose in this case that make it appropriate for an appeal. We believe in Tyree.
“We will not stop fighting for him; we will not stop fighting to prevent another innocent person from spending their life in prison.”
After the motion was filed, Travis delayed Gaskin’s final sentencing. He’s now scheduled to be sentenced Nov. 8, and prosecutors have a deadline of Oct. 5 to file a response to Gaskin’s motion for a new trial.
