Justice Troy K. Webber
Owens, charged with second degree murder, moved to dismiss, contending prosecutors engaged in prosecutorial misconduct by suppressing material Rosario, Giglio and Brady evidence resulting in the declaration of a mistrial. The court agreed prosecutors had a duty to turn over all relevant material to the defense, noting the assistant district attorney was obligated to find and turn over documents and evidence pertaining to physical evidence, witness statements by those scheduled to testify, and promises made not to prosecute the prosecutions' key witness in exchange for favorable information or testimony. It also found troubling the fact the ADA was also "seeing the material for the first time." Yet, the court stated it was satisfied prosecutors' failure to turn over materials was inadvertent, and did not constitute prosecutorial misconduct, noting there was nothing to suggest this was deliberate suppression of information. While Owens argued he was prejudiced by prosecutors' failure to turn over the documents before jury selection and opening statements, same was the reason the court stopped the trial to give defense time to investigate, and granted a mistrial. Yet, it denied dismissal of the indictment.