Murder charges re-filed against ex-Marine after ‘inadvertent mistake’ – evidence kept from defense

U S Marshalls with fugitive Raymond McLeod File photo courtesy of the U S Marshals System An ex-Marine charged with murdering his girlfriend will get a new hearing to determine if his occurrence will head to trial because prosecutors didn t turn over evidence Raymond Samuel McLeod Jr s attorneys claimed that evidence could exonerate him in the death of Krystal Mitchell at an Allied Gardens apartment nearly a decade ago McLeod was ordered to stand trial last fall for the strangulation death of Mitchell which the suspect s attorneys claim was accidental and occurred during an act of rough but consensual sex During McLeod s preliminary hearing the defense gang introduced extensive evidence regarding the defendant s sexual history which touched on several instances of him engaging in choking numerous consenting partners in a bid to show that Mitchell s death happened inadvertently But in a in recent months filed motion to dismiss the murder episode McLeod s attorneys stated that before the preliminary hearing prosecutors failed to turn over evidence from Mitchell s cell phone and computer showing she shared an interest in that type of sexual activity with McLeod During a Friday hearing in the situation Deputy District Attorney Franciesca Balerio announced the discovery issue was an inadvertent mistake but not one that she inferred would have changed the outcome of the preliminary hearing Nonetheless Balerio moved to dismiss the current occurrence and then right away re-file a new murder charge against McLeod which would afford the defense the opportunity to re-argue their matter with the evidence from Mitchell s electronic devices Balerio explained While the People remain steadfast in our belief that the evidence in this situation should outcome in a bind-over and murder conviction we nonetheless strive to give the defense a full and fair opportunity to present this information at a preliminary hearing and safeguard the integrity of conviction on appeal McLeod who remains jailed without bail pleaded not guilty to the new murder count on Friday A new preliminary hearing date was set for October He faces years to life in state prison if convicted as charged His attorneys had argued for the scenario to be dismissed entirely or possibly to reduce the charge to a lesser offense such as involuntary manslaughter One of McLeod s attorneys Alison Triessl stated the defense squad did not believe the failure to turn over evidence was intentional but mentioned having to repeat the preliminary hearing presented a huge disadvantage to Mr McLeod both financially and in terms of having to spend additional time in custody The defense attorney also reiterated the arguments presented at the last preliminary hearing which was that McLeod and Mitchell were in a loving relationship and that while the death was tragic it was accidental Last fall Balerio argued McLeod proved his intent to murder Mitchell through his aggressive behavior towards her on the night of her death and his subsequent flight from the country After Mitchell was identified dead McLeod spent the next six years on the run during which time he was on the U S Marshals The greater part Desired List according to law enforcement functionaries In he was arrested in El Salvador where the U S Marshals Office says he was teaching English under a different name Prosecutors also argued that on the night before Mitchell was exposed dead McLeod and Mitchell went to a local bar where Balerio mentioned McLeod put his hands on Mitchell causing other patrons to intervene The couple was later spotted on surveillance footage at the apartment complex where Mitchell died and McLeod can be seen putting his hand on the victim s throat as the couple entered an elevator In just now filed court documents McLeod s attorneys argue those interactions come across differently if one is aware of the couple s sexual history Without proper context this act of Mr McLeod placing his hand on Ms Mitchell s throat was portrayed as violent and a precursor to an intentional killing However the images and memes shared between Mr McLeod and Ms Mitchell show this exact same behavior Approval of this conduct is clearly established by their personal messages a defense filing reads Last year another of McLeod s defense attorneys Robert Sheahan also argued there were no signs of a struggle or any indications that Mitchell resisted or fought back The attorney conceded that McLeod should have right away called but disclosed his flight does not prove his guilt We are here because Mr McLeod made the terrible decision to leave and not explain what happened disclosed Sheahan who characterized McLeod s flight as similar the actions of a scared kid