Deputy County Attorney Thomas Reid has since acknowledged in court documents, filed two weeks ago, that a test had been conducted, but his office was not notified. Windham police Chief Gerald Lewis also admitted in an email to Reid that the county attorney’s office did not receive the lab report because it had been misfiled at the police station.
“It would appear that the reports were merely filed without the investigator/prosecution being advised,” the chief said.
When reached Friday, Lewis said the report was placed in one of Gray’s two files, but not in the correct file. The two files were stored in different parts of the station, he said.
But Lewis said the department began storing its files in the same place before it realized the error occurred.
“We saw the potential for us to have items that might be in two different places,” he said. “It had not happened before, but we saw that potential.”
Reid and Lewis contend the lab report will not prove Gray’s allegations the victim was lying. It would just further confirm what the prosecution has said all along, Lewis said.
“The results of that report will essentially support our case,” Lewis said.
The hearing Nov. 14 could be delayed because Gray, who has submitted several handwritten motions to the court, requested he first receive additional information from the prosecution.
Gray is serving as his own lawyer because he said his two public defenders, Anthony Naro and Julia Nye, did a poor job of representing him during the trial.