jmccann@heraldsun.com; 419-6601
DURHAM -- The judge in Keith Kidwell's first-degree murder trial Friday ruled that the prosecution team wasn't dutiful about handling some evidence that could benefit the defendant.
The evidence in question is a couple of pictures of shoe prints related to the February 2005 killing of Crayton Nelms at the Kangaroo store at 4604 N. Roxboro St. Nelms, 44, was working the overnight shift when he was murdered.
Those pictures are expected to be ready next week for defense lawyer Lisa Williams.
District Attorney Tracey Cline noted that the pictures had been sent for preparation before the judge declared the matter a discovery violation.
Cline said she wasn't planning to add the pictures to the state's evidence against Kidwell. But if Williams decides to introduce those pictures to help exonerate Kidwell, then Cline, too, can use them to help prosecute the 25-year-old defendant.
Kidwell is facing a life prison sentence without the possibility of parole.
The pictures contain shoe prints of a Nike sneaker that Cline said belonged to Kidwell. Testimony from a DNA analyst with the State Bureau of Investigation in Raleigh linked Kidwell to Nelms by way of that Nike shoe.
Williams said the shoe print may have belonged to Maola milkman Scott Holmes, who discovered Nelms' body while making a routine delivery at the convenience store. Holmes testified earlier in the trial.
The defense has yet to present its side of the story. The trial resumes on Monday.
