And has Det. Fant made it impossible to prosecute Demeatrius Montgomery for the 2007 murders of CMPD officers Sean Clark and Jeff Shelton?
The motion filed by defense attorneys makes the explosive claim — and it is only a claim — that Fant destroyed his original notes on the investigation in June and turned over reconstituted notes to the defense just last month.
The defense of course argues that those missing notes contain exculpatory evidence vital to their case. Now it is up to a judge decide if that could possibly be true.
Meanwhile, CMPD has evidently removed Fant from the homicide unit, a suspicious development that only suggests more questions. What is Fant’s disciplinary record with the department? How long has he been on the force? When did he make detective?
Court records show that evidence in felony trials has gone missing under Fant’s watch before, however. In 2006 the Court of Appeals refused to reverse a failed motion for mistrial in a 2004 prosecution of an armed robbery case in Mecklenburg.
In that case, Muhummad Jaaber claimed that because Fant could not produce two witness statements, Jaaber should get a new trial. The trial court and the appeals court both disagreed, primarily because there was so much additional evidence and because the defense still got a chance to cross-examine those witnesses.
But the court said it was “of great concern” that so much material was lost by Fant and CMPD. Left unresolved was sworn testimony from one witness on having given a statement to CMPD in the Jaaber case which conflicted with Fant’s testimony that a witness statement was “probably not taken.”
