In Session: Prosecutors try to exclude expert testimony in trial of former Savannah Police officer
This column is part of a weekly round-up of notable grand jury indictments and court decisions, following through on cases reported by Savannah Morning News public safety reporter Drew Favakeh. If there are cases you're curious about, email Drew at AFavakeh@Gannett.com.
Attorney for Octavio Arango files motion to include expert testimony
On April 25, attorneys for former Savannah Police officer Octavio Arango filed a motion to include testimony from expert witnesses they plan to call to testify. Chatham County prosecutors are trying to exclude the testimony.
The criminal case centers around an incident that occurred on April 14, 2020, the same month Arango signed a human resources (HR) complaint along with 76 other SPD officers and some members of the SPD command staff against former Chief Roy Minter. While attempting to execute an arrest warrant at the Moss Pointe Apartments, Arango and his partner Daniel Kang detained the wrong person — Darryl Faitele, the cousin of a suspect in a domestic violence complaint. Both Arango and Kang were placed on leave and fired three months later.
The experts Arango is trying to introduce are Assistant SPD Chief Devonn Adams, Capt. George Gundich, and Mark Rich, who retired from the Richmond Hill and Midway police departments and is a paid, retained expert, according to Arango.
The motion comes in opposition to two of the state’s motions ― one filed on Feb. 5 and an amended version filed on Feb. 7. Both motions requested a Daubert hearing, which is held for a judge to determine whether testimony or evidence from an expert witness is admissible.
If allowed, Arango’s attorney Tom Withers of Withers Law Firm argued that the experts would speak to the “lawfulness” of the warrant arrest, and be helpful and reliable in describing police practices and conduct.
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Chatham County Superior Court held a hearing on the States’ Motions on April 25. During the hearing, Arango’s attorney referenced a number of judicial decisions relevant to the case about whether the expert testimony should be admissible at trial.
“That testimony is critical to the jury’s ability to properly consider Defendant’s justification defenses, which will require the State can prove beyond a reasonable doubt that Defendant did not act “in reasonable fulfillment of his duties as a government officer or employee,”’ Withers wrote in the motion.
Jury trial is scheduled for Oct. 21.
Drew Favakeh is the public safety and courts reporter for the Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.
This article originally appeared on Savannah Morning News: chatham county ga court updates for week of May 5 2024
