By Shimon Prokupecz, Matthew J. Friedman, Rachel Clarke, CNN
Corpus Christi, Texas (CNN) — Emotional testimony from a Robb Elementary School teacher about a gunman walking onto campus will not be considered by the jury deciding whether a school district police officer could have done more to stop the massacre.
Defense lawyer Jason Goss got witness Stephanie Hale to agree Thursday that she had not mentioned seeing the shooter or indications of gunshots when interviewed by investigators four days after the tragedy in Uvalde, Texas, in May 2022.
Hale said she met with investigators because it was mandatory, but did not think she had important information to share. She said the questions asked later, by the grand jury and by prosecutors preparing for trial, were more specific.
On Tuesday, she testified to seeing the armed man on campus, specifically in the general area where former Uvalde Consolidated Independent School District officer Adrian Gonzales would arrive — a fact the defense said had not been shared.
Gonzales has pleaded not guilty to 29 counts of endangering or abandoning a child. He is the first officer to face trial in connection with the disastrous law enforcement response to the massacre that killed 19 children and two teachers and injured others. His former boss, Pete Arredondo, has pleaded not guilty to separate charges, but a trial date has not been set.
Judge Sid Harle rejected a motion for a mistrial over the omission on Wednesday but granted the defense’s request to strike her entire testimony from the record and instructed the jury not to rely on any part of it. The prosecution objected.
“The failure to turn over that specific piece of critical evidence has put us to a disadvantage with this witness, has put us to a disadvantage with our theory,” Goss said.
“We believe that (allowing the witness testimony) will affect the due process rights of the defendant and our ability to continue in the defense of the case in the way that we had set it up and prepared for the first place.”
Harle said he would “reluctantly” instruct the jury to disregard all of Hale’s testimony.
CNN’s Shimon Prokupecz and Matthew J. Friedman reported from Corpus Christi and Rachel Clarke wrote in Atlanta.
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