Judge Rules against Waters to Throw Out Evidence - WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports

Judge Rules against Waters to Throw Out Evidence

Jan Waters Jan Waters

There was a major setback Wednesday for the defense team in the case against accused murderer Jan Waters. A judge ruled against Waters in a plea to throw out some evidence. WAFB's Jim Shannon reports on a "new look" defense tactic.

For the first time, Jan Waters walked out of district court with her attorneys, not shying away from our camera. However, what went on inside district court Judge Mike Erwin's courtroom was anything but good for the Waters camp. Jan Waters is charged with second-degree murder of her ex-husband, Alan Waters, who was shot to death in 2004. Last month, Judge Erwin all but threw out a tape he agreed was obtained illegally. Wednesday, he switched his position and denied the defense request to throw it out.

Lawyers for Waters say they will immediately appeal that decision. They did gain some ground, though. Erwin ordered prosecutors to turn over some evidence the defense says they are entitled to. Defense attorney Marci Blaize says, "Those items he has been ordered to turn over to us. The judge today ordered that we should get them." Defense attorney Laurie White says, "You know what it is? It's a prosecutor who hadn't looked at his file in a long time. He doesn't even know what he doesn't have and what he's given to us. So, we're supposed to wait until the day of trial? That isn't how this works." Lead prosecutor Brent Stockstill says, "They've seen all of the evidence we have, twice. I don't know why they're crying to the judge. I don't know what else they expect us to do unless they want us to tell them how to defend their client."

At one point during the heated one-hour hearing, Stockstill accused the defense attorneys of lying to the judge. He says, "What they want, it is information that by Louisiana law, they are not entitled to. I don't intend to give it to them." So, with Waters's new media-friendly appearances, her lawyer lends some insight into how her client is holding up. White says, "Well, this is a terrible event, obviously, and to be a solo parent rather than just divorced parent is all the more difficult. To have news crews looking at you and to go home to your children, you know this is a very emotional, personal, difficult event for her and the children."

Prosecutor Brent Stockstill says the "more open" Jan Waters is nothing but a ploy by defense attorneys to gain sympathy from the potential jury pool in East Baton Rouge Parish.

Reporter:  Jim Shannon, WAFB 9NEWS


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