A key piece of evidence in a murder trial is missing, and witnesses testified Friday a state juvenile justice worker may have intentionally destroyed it to help prosecutors.
Kayla Dixon and Nathaniel Vivian are charged in the September 2014 murder of Danny Zeitz, a Sandy Springs man who'd met the couple at his Treelodge Parkway apartment to sell them a Playstation he was advertising on Craigslist.
Prosecutors say the pair planned to steal the gaming console from Zeitz and during the scuffle, they say, Dixon pulled out a gun and shot Zeitz in the neck.
In January, Dixon's attorney said her client received a letter from Vivian apologizing to her for what happened, something that witnesses echoed.
"I was informed it was from Kayla's co-defendant and was advised that he basically took responsibility for the incident that happened and said Kayla had no part in it," said Robert Lowers, a former security director at the youth detention facility where Dixon was housed at the time.
Another witness testified she was told the letter expressed that Dixon had nothing to do with the crime that occurred.
But officials said when they went to retrieve the letter to turn it over to Dixon's defense attorney, it was missing. Lowers testified a counselor initially lied about the letter, then later admitted she may have shredded it.
Deborah Singleton, with Fulton County pretrial services, testified she was told by a juvenile corrections employee that the counselor admitted she intentionally shredded the letter to help prosecutors.
"Ms. Carter felt God's will should be done in this case and so the letter needed to be destroyed," Singleton testified.
Dixon's attorney, Leah Abassi, told Judge Wendy Shoob the letter could have helped their case, and is asking the judge to dismiss the charges.
"The letter had importance," Abassi argued.
But prosecutors argued the letter alone is not enough to exonerate Dixon of anything, because they argued she has admitted to her role in the crime and lied to police investigating what happened.
Judge Shoob said she wasn't "inclined" to dismiss the case, and felt it might help Dixon's case to tell a jury what happened.
She also expressed concern that the state worker may have committed a crime.
"I'm pretty appalled by how it was handled," she said. "It's like she took on a law enforcement role. She decided she needed to help the prosecution in some way."
Lowers testified the worker in question was suspended and later terminated after a domestic dispute involving her arrest on weapons charges. He testified she would have likely faced some kind of disciplinary action for improperly disposing of the letter.
Assistant District Attorney Vincent Faucette told the judge an investigation into the worker is ongoing. A trial in the murder case could begin in a few weeks.
WSBTV
