LOUISVILLE, Ky. (WDRB) -- On Thursday defense attorneys for murder defendant Dejuan Hammond filed a third motion to dismiss the case based on "intentional misconduct" by prosecutors.

Hammond is supposed to stand trial in August for the murder of Troya Sheckles, who was shot to death in Shelby Park in 2009, allegedly to prevent her from testifying against Dejuan Hammond's brother, Lloyd Hammond.

A previous trial of Dejuan Hammond in April
of an interview with Hammond’s former girlfriend, in which she provided him an alibi, was mistakenly not turned over to the defense.

The defense claims prosecutors have repeatedly withheld exculpatory evidence and they have "been forced to investigate the investigators."

On Tuesday, Hammond's attorneys told the court
(defense attorneys originally claimed they found 44 pages, but on Thursday revised that number to 32) not turned over by prosecutors, much of which they claim is "undeniably exculpatory."

It was the third time this year that the defense has found or received evidence in the 2009 murder case that they say was concealed and purposefully withheld by the Jefferson Commonwealth’s Attorney’s Office.

In filing the motion to dismiss, Hammond's attorneys argue that since this is the third time they found evidence wrongly withheld, prosecutors can't say it is just sloppiness.

The Commonwealth's Attorney filed a response Thursday saying none of the omitted items were subject to discovery, nor were they exculpatory for the defendant. They also say some of the items were, in fact, disclosed.

Judge Angela McCormick Bisig will hear Hammond's motion to dismiss July 29. She has ordered that a representative from the LMPD attend that hearing.

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