Temple of Justice, Monrovia -- The state's attempt to tie defendants to the Capitol Building arson case suffered a major blow on Wednesday when its first witness admitted under cross-examination that investigators conducted no forensic fingerprint analysis on key items allegedly used to start the fire.
Testifying before Criminal Court 'A', prosecution witness Rafael Wilson, a criminal investigator with the Liberia National Police (LNP), told the court that neither the Clorox bottle nor the matchbox recovered from the scene had undergone scientific fingerprint testing.
No Fingerprints Taken on Alleged Arson Tools
Under questioning by defense lawyers, Wilson said forensic technicians advised investigators that fingerprint extraction was impossible because the items' surfaces were too smooth.
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"The Clorox bottle and matchbox have raw surfaces. We could not conduct fingerprint testing. The forensic technician told us it was impossible to extract prints from that type of material," he testified.
Defense lawyers seized on the admission, arguing that the lack of fingerprint analysis undermines the state's effort to link the items to any of the defendants legally. They maintained that investigators are obligated to preserve physical evidence--using gloves--and subject it to scientific testing before concluding.
Judge Overrules Defense Questioning
Judge Roosevelt Z. Willie overruled the defense's probe into the absence of fingerprints, noting that the witness had already referenced "other documentary and oral evidence" forming part of the indictment.
Dispute Over Undisclosed Evidence
Earlier, before cross-examination began, prosecutors sought to introduce the LNP charge sheet and investigation report into evidence. Defense lawyers objected, calling the documents "strange" because they were not disclosed during discovery, which they argued violated criminal procedure.
Judge Willie admitted the documents but ordered the prosecution to provide printed copies to the defense immediately before further questioning.
Heated Exchange Over Audio Recordings
Tension escalated as prosecutors moved to have audio recordings marked and admitted. The defense objected, saying the state failed to establish the chain of custody, including when, where and by whom the audio was produced.
Judge Willie overruled the objection, citing precedent that courts may admit evidence even when the jury will later determine its authenticity.
"The fact that evidence is admitted does not mean it is true. It is the jury that determines its credibility," the judge said.
Defense Accuses Judge of Advocating for Prosecution
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The ruling prompted a stern response from Defense Counsel Cllr. Arthur Johnson, who accused the judge of stepping beyond his judicial role.
"Your Honor, your ruling sounds as though you are arguing for the prosecution," Johnson said. "When we make objections, your role is simply to rule. You are arguing the case before the jury, which the rules of court prohibit."
Defense lawyers then asked the court to strike Wilson's testimony regarding the audio, arguing that the jury had already heard the recording, that the witness is not an expert qualified to interpret audio evidence, and that allowing the testimony would amount to hearsay.
Court Rejects Hearsay Argument
Wilson told the court the recordings were produced during an investigation at LNP headquarters with assistance from the National Security Agency (NSA). On that basis, Judge Willie again overruled the defense's hearsay objection.
The trial continues.
