Prosecutor Hides Footage and Judge IMMEDIATELY LOSES IT

Hinzugefügt: 2026-05-11

[00:00:05]On January 28th, 2026, Carlos Lee Anthony appeared for a final pre-trial hearing in the Ingam County Circuit Court in Michigan. Mr. Anony's charges included armed robbery, assault with a dangerous weapon, and fraud, which carry the potential for life imprisonment.

[00:00:19]These charges stemmed from an incident alleged to have occurred on February 15th, 2022. The case's procedural history involved a significant delay, having been pending for nearly three years during a transfer of jurisdiction from the local prosecutor to the Michigan Attorney General's Office.

[00:00:32]Defense Council Ronald Barry moved for a dismissal of charges, citing a flagrant violation of discovery obligations. The hearing was held before Judge Rosemary E. Aqualina with Assistant Attorney General Michael Dobby representing the people of the state of Michigan.

[00:00:44]>> You've had enough time to talk with your attorney?

[00:00:47]>> Yes, sir.

[00:00:48]>> And uh has there been a plea offer in this? This is a final pre-trial.

[00:00:54]>> There has not been, your honor, in discussion with the defense.

[00:00:58]>> I'm sorry, sir. You need to stay closer to your mic. We can't understand you.

[00:01:02]>> I apologize, your honor.

[00:01:06]>> No, there has not been a plea offer made in this case. In discussions with the defense attorney, uh it was made clear that the defendant would only accept a misdemeanor. So, there was no real negotiation. Uh beyond that >> council >> uh first of all I don't discuss the subjects of our negotiations. We had a conversation uh uh I I don't know that I ever said that he would accept any offer let alone whether it's Mr. Mayor Felony in this matter. He maintains innocence and we've negotiated as such. Uh what we're at right now is uh Mr. Doi had indicated to me 3 months ago that he was going to follow up with law enforcement about getting discovery. That's outstanding. And I haven't heard anything since. Uh we don't have the body cameras, the the the motor vehicle videos, anything of that. I understand this is the AG uh case was transferred to AG's office.

[00:02:00]>> Wait, wait, wait.

[00:02:01]>> But this whole we don't have it.

[00:02:02]>> Stop. Stop a minute. THIS IS A 23 CASE.

[00:02:06]SIR, HOW IS IT THIS INFORMATION has not been given to council? TWO YEARS, THREE YEARS. WHAT'S GOING ON HERE?

[00:02:15]Your honor, a lot of the things that he has requested simply don't exist. Four body cam videos uh were located by a subsequent uh search by the detective sergeant. Now, >> a subsequent >> case.

[00:02:31]So, you said a lot of the requested doesn't exist. And then what did you say?

[00:02:37]>> Four additional body four body cams that had not been previously provided to my office were provided. I've they have been provided uh via a download link to Mr. Barry this morning >> via a via what?

[00:02:54]>> A download link. A link to download >> download link. Okay.

[00:03:00]So, is there outstanding evidence that you have not provided to defendants in 3 years?

[00:03:09]>> No.

[00:03:12]>> Are you Well, frequently, I don't I'll have to talk to Mr. Dobby to find out when this stray email must have been sent to for me to download some additional uh uh uh body camera. It's interesting. I'm being told that much of it doesn't exist, which what I'm asking for is body cameras and dash cameras.

[00:03:29]And then in the same vein being told four body cameras are sent to you. I I don't know. I guess I'll have to look at them. But I know there's lots of law enforcement that were involved with this. They're referenced in the police reports and to be simply told they don't exist. I want to get some follow up on here. I guess I'll have to file a motion to compel and we can get evidence.com records to prove whether or not they exist and what efforts Mr. Dobby has taken, if any, to actually retrieve them.

[00:03:51]>> Judge Aqualina expressed her frustration with the delay providing the discovery by an outstanding evidence for 3 years.

[00:03:57]Under these circumstances, the judge is legally prohibited from allowing a case to proceed to trial when the state fails to disclose relevant evidence mentioned in police reports. The court's sole responsibility is to oversee the exchange of discovery and determine whether the state has fulfilled its obligation to provide every piece of discoverable material such as body cam footage, ensuring defendants are not subjected to trial while the state withholds potentially exculpatory evidence. Under the standard established in Brady versus Maryland, prosecution must disclose any evidence material to guilt or punishment, as withholding such information violates the defendant's constitutional rights. Because Mr. Barry didn't have the access of that material, the integrity of the pre-trial can be considered compromised.

[00:04:37]>> Wait a minute. You have a list of what you need, right?

[00:04:42]>> Yeah. Well, I mean, I don't know what exists by all police.

[00:04:45]>> Not your job. Not your job, >> sir.

[00:04:50]turn over everything that exists.

[00:04:54]>> Yes, your honor.

[00:04:56]>> He you can go through it's going to take 10 seconds. You could do it right now.

[00:04:59]I'm happy to wait and go through your email on your phone. Just don't say anything yet.

[00:05:04]>> You can go through your email on your phone, whatever. And look, and if you never received it, I'm inclined to dismiss this.

[00:05:10]>> Well, that part we clarified. We he he he gave me back in November a download uh with 172 files. We had a screenshot and I confirmed with him that I have downloaded those and that even in his own material that those do not include law enforcement recordings. He's at least providing an update that there apparently he found four police videos.

[00:05:31]I don't know. He's never emailed communicating with me about that. BUT IF THERE'S A DOWNLOAD >> THOSE four >> I'm sorry I didn't find them. the detective sergeant. Now, I I have no access to evidence.com or or whatever the Lancing police use, >> but the the additional four videos. So, the entire breadrints 172 176 items. Uh so, sending everything again was sent this morning to Mr. Barry like within the last half an hour.

[00:06:05]Oh, so the so the four additional cameras were sent this morning and I've received no additional information.

[00:06:10]Okay, now I understand.

[00:06:11]>> Okay.

[00:06:14]>> Well, let me >> They didn't exist before this morning, apparently. Your honor, >> how long has this Here's what we're doing. This case is dismissed.

[00:06:27]>> I'm sorry, your there's there's been no motion to compel. There has been you're you're dismissing these because only act together and you can reissue it.

[00:06:39]This file is 3 years old. This man is due a speedy trial and this information is not new. I barely do this. I can't think of one time in 22 years I have done this. But this seems to me to be unfair and prejuditial. And you can reissue. you can take your time and reissue when everything's put together and then we're going to do all this again. And am I c cost causing taxpayers money? Yes. But you know what? This man has been reporting to pre-trial services for 3 years. The day >> respectfully he respectfully me again.

[00:07:15]You will BE PICKED UP AND PUT IN LOCKUP FOR for contempt.

[00:07:20]So, I'll give you a chance TO TALK, BUT YOU WILL NOT INTERRUPT ME, ESPECIALLY WHEN YOU'RE ON ZOOM, AND I'VE given you the courtesy to not plow through the snow like everybody else, and you're on Zoom. This offense occurred February 15, 2022. And I am not a judge who just dismisses things lightly. And you can ask everybody in this town. You can go down to the court of appeals and you can do whatever it is you want. THAT THIS MAN HAS BEEN UNDER our charge for three and a half years or or so and things have not been turned over until now and now I'm hearing they need more and more time. They're constitutionally protected rights when you all get your and there's there's no statute of limitations on a life event. So when the attorney general gets their act together, so will everyone else. This is dismissed for lack of progress and prejudice. Your honor, I need to make >> Court of Appeals down the road. Yes.

[00:08:15]>> Can Can I make a a record here, your honor?

[00:08:17]>> YOU CAN MAKE WHATEVER RECORD YOU WANT AS LONG AS IT'S respectful and don't interrupt me again.

[00:08:21]>> Prosecutor Dobby disagrees with Judge Aqualina on her ruling of dismissing the case. According to the prosecutor, the court's decision to dismiss was premature because there had been no formal motion to compel filed by the defense regarding the missing discovery.

[00:08:34]A motion to compel is a formal request asking a judge to order an opposing party to provide discovery when they have failed to respond or have provided inadequate responses. Prosecutor Dobby contended that without such a motion, the prosecution should not be penalized for the late delivery of evidence that had only recently been retrieved from law enforcement. Judge Aqualina rejected this procedural defense, elevating the issue to a constitutional mandate. She emphasized that the Sixth Amendment grants Mr. Anthony the right to a speedy trial, a right that is effectively negated if the state fails in its affirmative duty to disclose evidence in a timely manner. The judge highlighted that a fair prosecution requires the state to fulfill its discovery obligations under Michigan Court Rules 6.201 law for the morning of a final hearing by carefully distinguishing between the state's right to prosecute and the defendants's right to due process. Judge Aqualina established that the current delay was fundamentally unfair and prejuditial.

[00:09:24]>> Thank you, your honor. This case was originally charged by the Ingam County Prosecutor's Office. It came to our office approximately a year after that.

[00:09:34]For about a year and a half since I've had it, the defendant was on bench warrant status, not reporting. Uh he has despite repeatedly violate uh repeated violations before and after that.

[00:09:47]>> I don't believe that there is >> I don't believe that there is any basis for dismissing this case. They it dropped after bench warrant status.

[00:09:59]>> He was on bench warrant status not reporting.

[00:10:04]>> Yes, your your honor. He was on he was on bench warrant status following a violation. He was so just on the idea that he has been reporting to pre-trial services for three and a half years. Um that that's not accurate.

[00:10:21]Well, I don't believe that there is any basis for this for this uh dismissal based on defend.

[00:10:29]The court is not picking it up.

[00:10:31]>> Your honor, I don't believe that there is any basis in law for this uh dismissal based on the defendant's claim that there is additional um discovery that has not been provided.

[00:10:49]with there has been no uh order to compel, no motion to compel and no showing that there's been any wrongdoing by any any party here.

[00:11:02]>> Okay. The benchmark that I have was in 2024.

[00:11:07]We are in 2026.

[00:11:10]The first witness list that I have here from the people was in 2020.

[00:11:16]Let me see. 20 24 August of 2024.

[00:11:22]This is a final pre-trial. My expectation on a final pre-trial is that you are all ready. Not that we go back to square one like when it was charged.

[00:11:31]And you certainly can file a motion for reconsideration or do whatever it is you want to me, but this is truly unconscionable here. in August um of 2025, he was uh held in contempt and served 17 days. So between August and now January, there was plenty of time for this evidence and the files from both sides to get in order. I don't know why I'm at final pre-trial and now there's claims of things that have been in possession of law enforcement and the attorney general and of supposed county prosecutors for all these years and not been turned over. So, as far as I'm concerned, a lack of progress is a violating a fundamental right to presumption of innocence and freedom.

[00:12:22]And believe me, I don't do this lightly.

[00:12:24]I understand these are life offenses.

[00:12:26]They're very, very serious. But so is the laxidas that will attitude maybe on both sides, maybe on all sides. I don't know. But I'm not going to stand for it.

[00:12:35]The the resolution is to uh either file a motion for reconsideration or simply recharge defendant.

[00:12:45]I'm no, we're done with this file.

[00:12:48]>> Your honor, may I ask the court issue the order so I don't have to worry about an objection and 7-day rule and all that?

[00:12:53]>> There's one right there. Print it. We'll send it over to him and I'll sign it.

[00:12:58]But you don't blank one. I I'm not So, sir, I suggest you're not skipping time. You got another file in front of me. I suggest that you are the most law-abiding person on the planet. I don't like what happened here. I don't like these charges. I don't like this whole situation. But you do have a right to a speedy trial and a right to have an exchange of information that is timely.

[00:13:22]And this is simply disturbing. And I know everybody's busy. No one knows that more than me. And I have 100% criminal docket. I get it. But this speaks to laziness on your part, your council's part, the prosecutor's part, the England County prosecutor's part, and and that's not a justice system.

[00:13:43]That's a lazy system. That's not what I'm going to tolerate. So message sent.

[00:13:48]They may very well reissue. So, I suggest that you deal with your attorney and maybe you continue working on this.

[00:13:54]I really don't know. I'm not giving you legal advice, but they do have the option of uh reissuing this immediately and they can do that.

[00:14:02]>> But message sent, I hope. That is all.

[00:14:04]I'm going to sign the order. We're going to um council's writing it. We're going to send it to you, sir, for approval. Or I'll just read it now in the record.

[00:14:13]Yes, sir.

[00:14:14]>> This matter is dismissed without prejudice for the reasons stated on the record. Any objection to that, council?

[00:14:19]>> No, your honor.

[00:14:20]>> Judge Aqualina dismissed the case without prejudice. Even though prosecutor Dobby didn't believe it has grounds for a dismissal due to a bench warrant or a motion to compel, Judge Aqualina denied his request, expliciting the lack of due process and the gap in the timeline between the charges and the trial. A fair proceeding requires the court to determine whether discovery obligations are being met and whether the case is progressing toward a resolution. Critically, the court is not bound to keep a case active simply because the state wishes to proceed.

[00:14:46]rather must independently assess whether the delay violates Mr. Anthony constitutional protections. Ultimately, Judge Aqualina determined that forcing the defense to review 176 discovery items, including critical police recordings produced only on the morning of the hearing, violated the defendant's constitutional protections.

[00:15:02]Consequently, the court ordered a dismissal without prejudice. As of this writing, the Michigan Attorney General's office has not initiated a new filing for these charges. This case illustrates the critical importance of discovery compliance in criminal proceedings and the judiciary's role in preventing procedural negligence. Judge Aqualina's decisive ruling ensured that Mr. Anthony was not forced to proceed to trial while being blindsided by evidence withheld by the state for years. By identifying the prejuditial impact of missing body cam and dash cam footage, the court reinforced a fundamental principle of due process. The government cannot withhold critical evidence until the morning of a final pre-trial hearing and expect the defense to be trial ready.

[00:15:40]Judge Aqualina's refusal to accept the prosecution's excuses highlighted that a system failing to provide a timely exchange of information is not a justice system. Ultimately, the court decided to dismiss the charges without prejudice.

[00:15:51]This outcome underscores the vital function of pre-trial proceedings in safeguarding defendants rights and maintaining the integrity of the criminal justice system against systemic failures. Now, let us know if there is a case you would like us to explore in the comments below. Thank you for watching and don't forget to like and subscribe for more