The indictments for murder and first-degree robbery against Lashanda Person and Anastaja Hathaway were dismissed without prejudice following an evidentiary hearing in Christian Circuit Court Tuesday morning.
The hearing was a lengthy one where the Commonwealth and the defense questioned three witnesses, including Detective Malcolm Moore, Detective Mark Nichols and Constable Mike Haddock, about evidence that was presented to the grand jury that lead to the original indictments. On the table were motions from the defense to dismiss the indictments against Person and Hathaway.
Following their testimonies, Commonwealth’s Attorney Stephanie Bolen requested the judge deny the motion, saying that what the defense felt was left out or misleading could be argued at trial.
The defense has argued that false information was presented to the grand jury at the time. Judge Andrew Self determined that false information was presented—a report had stated that Person could not be excluded as the source of a hair that was found at the scene, but presenting witnesses had said that she was a match.
Judge Self does not believe that false statement was made intentionally, but it was made none-the-less. He also determined other statements made by the prior Commonwealth’s Attorney concerning a coin purse being stolen was also misrepresented.
Ultimately, Judge Self ruled to dismiss the indictment against both Person and Bell, as the cases were presented at the same time, so misleading statements in one apply to the other.
Dismissal without prejudice does mean that the Commonwealth could choose to reindict in this case, should further evidence or clarity of evidence be presented.
Person and Hathaway were both charged in the 2006 death of Roscoe Mayes on Greenville Road. The charges against a third suspect, Regina Vause, were dismissed at a prior time in this case.