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LOUISVILLE, Ky. (WDRB) -- The attorneys for two men accused of killing a key witness in a murder case want the case dismissed.
The Defense had strong words for Prosecutor Tom VanDeRostyne. Defense attorneys say he tainted all witness testimony.
Last month, the trial of Steven Pettway, one of two men accused of killing a key witness in a murder case, Troya Sheckles, was declared a mistrial.
The mistrial came about because the defense said it did not receive a tape of a witnesses' father until too late.
The prosecution maintains that Pettway gunned down Sheckles in broad daylight in Shelby Park in March 2009 because she was set to be a key witness in the murder trial of Lloyd Hammond, who was Pettway's friend.
The defense says Pettway was a scapegoat.
Pettway was originally set to be tried at the same time as Dejuan Hammond, Lloyd Hammond's brother, but the two proceedings were split up.
In court Friday afternoon, defense attorneys argued VanDeRostyne has a pattern of deception in this case and others.
"Because of prosecutorial misconduct, the evidence had been so irretrievably been tainted that neither Mr. Pettway nor my client, Mr. Hammond, can get a fair trial in the future, their testimony is so unreliable," said Ted Shouse, Hammond's defense attorney.
VanDeRostyne said he can't comment on this case right now.
Prosecutors say if the judge rules that the case is dismissed with prejudice, charges would be dropped and Hammond and Pettway would be able to walk free.
Hammond and Pettway are expected in court again next Friday.