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Judge denies dismissal in Ashbaugh case after late discovery; narrows immediate exclusions and orders GPS curfew
Summary
Judge Stephanie Boyd denied a motion to dismiss the indictment in the case of Tyler Ashbaugh despite defense claims of a speedy‑trial violation tied to late discovery; the court said it will consider excluding certain recently turned‑over items and ordered tracking with a curfew while parties set a trial date.
The court on March 31 heard an extensive defense motion arguing violation of defendant Tyler Ashbaugh’s Sixth Amendment right to a speedy trial after a large tranche of discovery was produced shortly before trial. Defense counsel Nathaniel Navey asked the court to dismiss the indictment, saying the late disclosures — which he described as roughly 212 jail calls, 44 dash- or body-camera videos, 53 PDF documents including a 571‑page gunshot-residue (GSR) report and other testing — prejudiced the defendant who has been under indictment since May 22, 2022.
Assistant District Attorney Megan Galloway told the court she had taken affirmative steps to locate and turn over records that were not retained in the case file, including going to SAPD headquarters to recover videos and sending evidence to be retested when the original analyst was unavailable. Galloway said she delivered the recovered materials to…
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