"Newly discovered evidence shows that key prosecution witness Bradley Kapp lied on the stand," said Barry Bachrach, Kahl’s attorney. "Medical records withheld by government prosecutor Lynn Crooks unequivocally establish that Mr. (Yorie von) Kahl did not shoot Kapp. Kapp was not shot by ‘bullets,’ but by a ‘shot gun from 25 feet’ as evidenced by ‘small pellets.’ Mr. Kahl—none of the defendants in this case—had shotguns. Kapp was shot by a fellow law enforcement officer."
The brief submitted today alleges that prosecutor Crooks knew or should have known that Kapp’s testimony was untrue. "Crooks presented the testimony anyway, even vouched for the credibility of the witness. The prosecutor also withheld exculpatory evidence that would have shown that the witness wasn’t telling the truth."
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