Legal arguments continue in Forest Lake murder, criminal vehicular homicide trial
(ABC 6 News) – A Washington County judge heard arguments about testimony and behavior in court ahead of Forest Lake murder trial.
Dylan Robert Simmons, 21, faces two counts of 2nd-degree murder, a count of criminal vehicular homicide, and three counts of 2nd-degree assault.
Witnesses told police Simmons intentionally drove his car into and over 17-year-old Rochester native Darisha Bailey Vath in the aftermath of a July 2023 fight in Forest Lake.
On Thursday, April 25, Simmons appeared for an omnibus hearing. His defense informed the court that Simmons plans to rely on the following argument at trial: Self-Defense and Authorized Use of Force pursuant to Minnesota Statute 609.06, Subd. 1(3).
Since April, Simmons’ defense and prosecution made 11 court filings containing around 50 separate motions concerning evidence and arguments to be made during trial.
From the defense:
Oct. 30: Simmons’ defense attempts to prevent the state from arguing for an aggravated, or comparatively harsh sentence compared to Minnesota Sentencing Guidelines.
The state also moves to keep the State from mentioning an alleged assault at a Stacy, MN gas station July 15.
Nov. 13: The defense moves to dismiss all charges against Simmons — as well as prohibit the testimony of three officers because of what the defense calls “egregious due process … violations.”
Nov. 15: The defense lists 40 requests in a single document. Among them: motions to sequester all witnesses; require the state to disclose “Brady” material relating to any law enforcement officers called; motions to prevent any witness, law enforcement officer, or attorney from commenting on the credibility of any speaker, or from stating if they have an opinion about Simmons’ possible guilt.
The state also requests that no observer wear clothing that could “inflame the passions” of the jury. The motion lists a hypothetical t-shirt with the slogan “Justice for Danisha” as an example.
Simmons’ victim was named Darisha, not Danisha.
The state further requests that testimony about Simmons possibly assaulting Darisha Bailey-Vath or friends be prohibited during trial, and that the number of photos and videos of the victim’s injuries be limited, to again avoid “inflam(ing) the passions of the jury.”
From the prosecution:
Nov. 15: The State files motions to prevent the defense from attempting to offer negative evidence related to the character of the victim, 17-year-old Darisha Baily-Vath.
If the court does allow such evidence, the state moves to enter evidence of a fight Simmons was allegedly involved in days before the Forest Lake incident.
The State also writes that the defense motion to dismiss all charges “contains numerous false claims and misrepresentations of fact, and that the state will ask the Court to deny the defense motion in its entirety.”
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Family mourns Darisha Bailey-Vath at celebration of life – ABC 6 News – kaaltv.com