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Old murder case sparked inquiry
By LARRY DOUGHERTY © St. Petersburg Times, published November 12, 1998 But state prosecutors developed enough concern about the testimony of a defense expert on firearms to bring him back to Tampa while the trial was in progress. Prosecutors promised the expert, Dennis McGuire of Miami, immunity from charges if he confirmed an allegation that Tanner's defense attorneys had manipulated evidence, according to records filed as part of an appeal of Tanner's conviction. But prosecutors never filed charges against the defense attorneys, and the jury ultimately convicted Tanner of manslaughter in the death of her live-in girlfriend, Charlotte Malloy. Tanner got the maximum 17-year prison sentence. The appellate court that reviewed the case upheld the findings without comment. Tanner's case has now come under the gaze of a federal grand jury and a federal public corruption prosecutor. In recent months, federal investigators have talked to current and former Hillsborough state prosecutors and other lawyers. Hillsborough State Attorney Harry Lee Coe testified before the grand jury Tuesday but declined to discuss his testimony other than to say he is not suspected of wrongdoing. The U.S. Attorney's Office has declined comment. The Tampa lawyers who represented Tanner at trial, Bennie Lazzara and Eddie Suarez, also have declined comment. McGuire, the Miami firearms expert, acknowledged Wednesday that he had been contacted by federal investigators, but declined to provide details. "I don't want to get more involved in any aspect of it, frankly, if this thing escalates," McGuire said. Coe's spokeswoman, Pam Bondi, could not be reached for comment Wednesday. Records of Tanner's appeal show that state prosecutors were very interested last year in what McGuire had to say. At their request, McGuire returned to Tampa the day after he testified in Tanner's defense. Upon his arrival, McGuire was escorted to the Hillsborough State Attorney's Office and placed under oath. Three prosecutors questioned McGuire about his request to defense attorneys for fresh dummy ammunition for use in a courtroom demonstration concerning the .22-caliber rifle Tanner used to shoot Malloy. McGuire told them that fresh ammunition was required to make the demonstration work properly because the ammunition he had been using was damaged, according to court records. McGuire had testified the day before that a defect in the rifle could prevent someone from unloading all of the bullets, and that a bullet could be fired accidentally. Tanner testified at trial that she thought the rifle had been unloaded and that it discharged by accident. Police charged Tanner with first-degree murder when they arrested her in April 1996. She was accused of shooting Malloy during an argument when both had been drinking vodka. Prosecutors charged Tanner with second-degree murder; the jury convicted Tanner on a lesser charge of manslaughter. The judge sentenced her to 17 years. -- Times researchers Kitty Bennett, John Martin and Jerry Nagle contributed to this report, which also contains information from Times files.
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