GOODYEAR, AZ — Newly obtained emails show officials with the City of Goodyear don't want their police chief to take questions on the major evidence issues at his department.
The ABC15 Investigators broke the story, exposing how those evidence problems are putting a child murder trial in jeopardy.
The trial is against Lisa and Germayne Cunningham, the parents are accused of murdering their seven-year-old daughter back in 2017.
The Cunningham’s trial has been on hold since early March because of these evidence issues. The ABC15 Investigators were the first to report that Goodyear police cannot prove “chain of custody” for evidence going back years.
The main detective on the Cunningham's case even said the issues may be a “massive s***storm”.
The parties involved in the trial are working to do interviews as they prepare for a major evidentiary hearing. One of the people that defense attorneys want to speak with is Goodyear Police Chief Brian Issitt.
A newly filed motion to compel says Chief Issitt's name appeared in dozens of emails with the Maricopa County Attorney's Office.
"Several make it clear that there were conversations between Chief Issitt and MCAO regarding this matter prior to these emails, and the substance of which these emails do not capture," wrote Germayne's defense attorneys.
Emails between MCAO and the Goodyear assistant city attorney, Anthony Polse, are included in the filing as an attachment.
One message that was included appears to be sent from Polse and dated April 1. It addresses the request for defense attorneys to sit down with the police chief.
"The City understood this issue to be resolved after the defense appeared to withdraw the request following the City’s initial objection," wrote Polse. "However, in light of the defense’s stated factual basis for renewing the request, the City maintains its prior objection and will not make Chief Issitt available for an interview."
"The issue here of knowledge is a crucial one," said Germayne's attorney Taylor Fox. "Because when this came out, it came out in the middle of trial."
In court this month, Germayne's attorneys also accused prosecutors of attempting to "play damage control" after MCAO told the judge an evidentiary hearing in this case was no longer necessary.
In this new filing, Gerymane's defense team is now asking the court to force police and prosecutors to make Chief Issitt available and turn over other internal records.
"The Defense also asks that this Court consider dismissal of this case with prejudice should the State’s willful refusal to provide or non-responsiveness regarding the listed records continue," says the defense team’s filing.
The Cunninghams are set to be in court next week.
The judge plans to ask the jury if they can continue to wait and serve through June, which would be eight months after the trial first began.
If there aren't enough jurors, the case could end in a mistrial.
ABC15 asked for an interview with Chief Issitt in March, but our request was denied. Our team also got no response when we reached out to the entire city council.
Goodyear police have put out one public statement related to these problems.
HAVE A TIP? Email Investigator Ashley Holden at ashley.holden@abc15.com
