Claiming withheld evidence, defense says Silva-Diaz case be thrown out
A significant development in a 2017 deadly hit-and-run case as the defense said the state attorney withheld evidence. Now, the defense wants the case against Pedra Silva Diaz thrown out of court.
Lee Hollander is convinced his client is not guilty and there should not be a second trial. He filed a motion with the court, accusing the state of withholding evidence favorable to the defense. Specifically, a video that Hollander argues creates reasonable doubt.
“There should be a penalty for what almost happened for what the state tried,” Hollander said. “It’s going to be an interesting re-trial if my motion gets denied.”
During the first trial, the state showed video from East Naples Middle School, which is near the intersection of the crash, of the car headlights passing by. The prosecution told the jury that those headlights were on Silva-Diaz’s car, when he struck and killed Shayden Colvin.
“Nobody ever testified that Mr. Diaz’s Toyota Tundra hit Mr. Colvin because they couldn’t,” Hollander said. “The state’s argument at the trial was that he blew through the intersection and hit Mr. Colvin. Can’t really say that now.”
Since Hollander claims the state also had video of the two other cars passing through the intersection that night, he believes it is possible one of those two drivers could be to blame. The defense attorney said he obtained the video after the first trial ended. But he should have had it before the first trial started.
In a one-line statement, the state attorney denied she withheld evidence of any kind.
The judge hearing the case will likely schedule a hearing to consider the defense motion. Right now, the second trial is set for September.
The judge will also consider another defense motion on Friday, which is to send scrapings from the front of Silva-Diaz’s truck to the crime lab. The state also wants the judge to consider two motions. The first is to examine Silva-Diaz’s immigration status while the second is to have the jury visit the scene of the crash.