Print

Email story

Comment

Email editor

Onstott defense asks for notes

Defense lawyers say two witnesses for the state may help the defense's case.

By COLLEEN JENKINS
Published December 23, 2006

TAMPA - If prosecutors have information that might throw suspicion away from David Lee Onstott or raise doubt about witness credibility, Onstott's attorneys want it.

In a flurry of motions filed this week, Onstott's attorneys have asked a judge to review prosecutors' notes and provide them to the defense if favorable to their client's case.

The Hillsborough Public Defender's Office is representing Onstott, 38, on charges of the first-degree murder and attempted sexual battery of 13-year-old Sarah Lunde in April 2005. In their motion, attorneys singled out two state witnesses - Lunde's brother and his teenage friend.

They said Andrew Lunde, 17 at the time, made untruthful and inconsistent statements to investigators regarding his activities and whereabouts the night his sister disappeared. He failed a polygraph given by the Hillsborough County Sheriff's Office, the motion stated.

They also said Andrew's 16-year-old friend did not reveal, until March 2006, that he had twice engaged in sexual activity with Sarah. He was confronted with evidence of his semen and DNA having been identified on the victim's bedding.

The Times is withholding the friend's name because of his age. He has since moved to Michigan.

Attorneys' "work product," which includes their notes, ordinarily is not among the materials prosecutors are required to provide to the defense. Onstott's attorneys will argue that some of it may fall under the rules of discovery.

At a January hearing, they also will seek a change of venue for the March trial. They will ask a judge to sequester jurors during the entire trial, including provision of chaperones and overnight accommodations.

Colleen Jenkins can be reached at 813 226-3337 or cjenkins@sptimes.com

[Last modified December 23, 2006, 06:10:48]