Porter's lead attorney says there may not be enough time for him to complete a full investigation and be prepared for an April 4 trial.
By GRAHAM BRINK
Published October 8, 2004
TAMPA - The judge in the Jennifer Porter hit-and-run case has set a trial date of April 4.
At a court hearing Thursday, Hillsborough Circuit Judge Anthony Black told prosecutors and defense lawyers that the 2005 date should provide enough time for them to complete their investigations and prepare for trial.
"I'm expecting that to be a firm date," the judge said.
Porter's lead attorney Barry Cohen said he would need until April just to sort through the evidence and complete his own investigation, which includes questioning 113 people on the prosecution's witness list. Cohen asked for a later trial date.
"We don't expect to be ready by April," Cohen said after the hearing. "One hundred and thirteen witnesses is a lot of witnesses."
Porter, a Land O'Lakes woman who taught dance at Muller Elementary School, is charged with leaving the scene of an accident involving death, which could bring a maximum 15-year prison term.
Bryant Wilkins, 13, and his 3-year-old brother, Durontae Caldwell, were killed as they tried to cross N 22nd Street on March 31. Two of their siblings were injured.
Thursday, the lawyers argued over what evidence the defense attorneys should have to turn over to prosecutors and when they should have to do it. The judge said he would release an order outlining his decision soon. He also set aside a half day on Nov. 19 to hear any pending matters.
After the hearing, Cohen told reporters that he believes Hillsborough sheriff's detectives stopped investigating once Porter turned herself in. Cohen also said he wanted to know what happened to the white van that many witnesses said they saw at the crash scene.
In the days after the accident, investigators revised their account of the crash more than once. Early on, sheriff's officials said one southbound vehicle may have hit the children, throwing Bryant and Durontae into the path of a northbound car. They asked for information about both a Honda and a white van.
The driver of the white van has not been located. Porter was driving a Toyota Echo.
"We think the Sheriff's Office ought to complete the investigation," Cohen said. "A half truth is a whole lie."
Sheriff's spokeswoman Debbie Carter said they took findings from their "thorough investigation" to officials at the State Attorney's Office, who decided the charge was warranted.
"We will leave it up to the judicial system," Carter said.
