A re-trial set to begin next month in the case against former Metro Police Officer Malik Khaalis. He’s with charged with violation of oath and making false statements. His first trial ended in a mistrial back in July when several pieces of evidence turned up a few days into the trial. Arguments over one piece of that evidence took center stage in a motions hearing today.
The defense filed a motion claiming former jeopardy because of a C.N.T. file not discovered until several days into trial…a file with the same case number as another involving Malik Khaalis – but this one – prosecutors argue – does not mention him. Sgt. Mark Lupus of the Counter Narcotic’s Team was asked about it on the stand. “Who’s file by defendant’s name is it? It was James Williams. Look over that and show me the part where it says Malik Khaalis’s file. I’ve reviewed this case file at length and there is no mention of Malik Khaalis anywhere in this portion of it. Beginning to end that entire file contains exactly zero mention of this defendant correct? That is correct.”
The Judge says he will issue a ruling on the former jeopardy motion. The defense also filed a motion to delay the trial – citing time constraints. Judge Walmsley denied that motion. The re-trial is set to get underway on October 12th.