Phillips was joined by Jade Stigall's attorney Anthony Long. Phillips called lead investigator Bryan Flowers to the stand to testify about his communication with fifth suspect, Kelli Wyrick.
Lieutenant Flowers testified that he did purchase a cell phone for Wyrick so he could communicate with her and about 175 text messages have been sent back and forth.
Phillips presented screens shots of text messages between Wyrick and Flowers. In one message, Flowers tells Wyrick the probable cause affidavit for her fiance, Mat McCallister was released publicly, but he tells her they did not include important information in the affidavit.
"There was an admission that there were things that were not included, important information as part of the probable cause affidavit and we still don't have police report one. We don't know what that could be," Phillips says.
The Warrick County Sheriff's Office tells us they are not withholding the reports and says as soon as they are completed in the next week or so, they will be released.
But now there's concern over an interview with a confidential informant. The defense wants a copy and the state doesn't want to give it up.
Chief Deputy Prosecutor Dan Miller says they have been forthcoming with providing evidence. Some of the evidence including police reports simply are complete yet. Miller says the only thing they're withholding is that single interview with the informant.
Phillips argued that he and his client are entitled to know if there's an informant and if they were interviewed pertaining to the case, they have a right to that information.
"I am concerned that the C.I. may be one of the defendants in this case. If they've got a C.I. In a drug case that had a hand in the killing, that would probably be pretty embarrassing to law enforcement. I'm not suggesting that's the case, but I can't understand why," Long says.
The judge would not rule on the dispute over the confidential informant because Tuesday wasn't a discovery hearing.
We're told the information given by the informant will be released, but that the state would like to conceal their identity.
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