TUCSON – The case against the man accused of killing Isabel Celis and Maribel Gonzales will continue without another presentation to a grand jury.
A grand jury indicted Christopher Clements on 21 charges last October. In a grand jury proceeding, prosecutors present the case. The defendant does not have an attorney to contradict prosecutors.
Clements’ attorneys filed a motion to reconsider the most serious charges, including kidnapping and murdering the girls. They wrote, “the state withheld evidence favorable to the defense including exculpatory evidence. The State also misrepresented important evidence that unfairly prejudiced the defense.”
Prosecutors responded, stating Clements’ motion is “riddled with factual errors” and the grand jury “is not the place for a mini-trial.”
The judge denied Clements’ motion. The case will continue without going back to the grand jury.
The judge wrote, “the state is not obligated to present all exculpatory evidence, only clearly exculpatory evidence, in other words, evidence of such weight that it might deter a grand jury from finding the existence of probable cause.”