Evidence, possibility of death penalty argued in hearing for double-murder suspect

There was some back-and-forth debate between the Commonwealth Attorney’s Office and the defense in the Christian Circuit Courtroom of Judge Andrew Self Monday morning, concerning evidence in the case against double-murder suspect Anthony Gaines.

Gaines is facing the possibility of the death penalty in this case, accused in the fatal shooting deaths of Kierra Wallace and George Gomzes in 2021. This case has been through three different Commonwealth’s Attorney administrations in Christian County now, but the defense continues to contend that there is evidence they have yet to receive, specifically citing diagnostic testing on shell casings and report regarding cellphone data.

They are also now requesting for additional information regarding how the prior Commonwealth Attorney over this case determined that they would be seeking the death penalty, with defense attorney Michael Coleman saying they’re seeking memos, emails or any discussions about the matter.

The defense is looking to determine if race was a factor in seeking the death penalty. Assistant Commonwealth’s Attorney Mark Gilbert argues it’s the defense’s job to prove race was a factor, and while they’re do their best to provide any existing emails, there’s a good chance they won’t be able to, since they no longer have access to those email accounts.

Defense attorney Brandi Jones expressed frustration with what she called a lack of communication from the Commonwealth, saying that by seeking the death penalty, they’re now held to an even higher responsibility.

Assistant Commonwealth's Attorney Greg Cortese argued that he has never not responded to an email from the defense and he would actually appreciate more communication on their part.

After hearing arguments from both, Judge Andrew Self ruled for the Commonwealth’s Office to provide as many written documents as they can on the matter of the death penalty in this case, and ruled for efforts to be made to have the questions about discovery answered as soon as possible, even as soon as today.

There is currently a deadline for evidence and other motions set for January 23, with another pretrial conference set for March.

Gaines is charged with two counts of murder, first-degree robbery, first-degree burglary, possession of a handgun by a convicted felon, tampering with physical evidence and four counts of wanton endangerment.