Jack Carpenter, 52, faces one count of homicide and felony weapons charge for allegedly shooting and killing 29-year-old David Meyer. Carpenter claims the incident was the result of a fight and it was for self-defense.
On Wednesday, defense attorney Karl Numinen requested the court require the police and prosecutor turn over multiple pieces of evidence. He indicates receipts, vid mic footage from police, results of a breathalyzer, security cam footage showing those involved hours preceding the incident at a gas station, and a statement from a third man present with Carpenter and the victim the day of the murder, Justin Saari, are being withheld from him.
Deputy Rochon testified to recording a man who approached her saying he witnessed a homicide.
Numinen says after receiving three separate digital files of that recording, 10 months after the incident in June, there were gaps of time missing. The video/date stamp on the three separate files aren't continuous, and the defense argues there are sections missing.
Deputy Rochon says she has nothing to do with the downloading of the content on her vid mic, and she has no knowledge of how or why there would be missing footage. She suspects the recording "lagged" or "paused" incidentally.
"Were you the one who downloaded the footage from the vid mic?" questioned Numinen of the next witness called to the stand.
"Yes, I'll take the vid mic; I have a computer that I do all my downloading," said Captain Lemire.
The defense asked if the recordings for the Carpenter incident were one file calling them the "typical and usual" type or three files.
"They were three files," Lemire answered.
"Do you have any explanation how her vid mic got into three separate files?" Numinen questioned.
"No, I do not," the deputy responded.
The defense then turned to the time lapse, asking the deputy where the DVD stays for 10 months before being turned over. The captain testified he had "no idea."
He added to his knowledge, there was only a "30 second gap."
The judge granted both sides the opportunity to view the files at the sheriff's department. The final pretrial hearing for Carpenter is scheduled for August 21, and a jury trial is scheduled for September 24.
TV6's Beth Cefalu will have more from court here and on our TV6 Early News at 6 p.m.