The defense for Brooke Hale is demanding District Attorney General Lisa Zavogiannis be barred from prosecuting her case, saying prosecutors have tried to intimidate her estranged husband to lie in court so they can convict her of his attempted murder.
“Brooke Hale is of the opinion she cannot receive a fair trial from the 31st District Attorney’s office due to it encouraging Mike Hale to commit perjury,” said attorney Larry Bryant in asking the court to remove Zavogiannis from the case.
At issue is Mr. Hale’s changing story in connection with his stabbing in the parking lot of the VFW this past summer. Local businessman Jack Redmon has been charged with attempted murder for stabbing Mr. Hale twice after the men exchanged threats for days.
Prosecutors say Redmon and Hale’s estranged wife (Brooke Hale) showed up on a motorcycle and Redmon pulled a knife and stabbed the victim. They also say Mrs. Hale hit her estranged husband with a motorcycle helmet and provoked the attack.
Mr. Hale was able to seek refuge inside the VFW after being stabbed while the suspects allegedly chased him.
Mr. Hale said he has tried to tell prosecutors no one chased him after the attack and his wife had no part in the assault. He maintains investigators interviewed him shortly after he underwent seven hours of surgery and was still under the influence of medication.
“The DA does not seem to be interested in the truth but only in convicting her of something she did not do,” Mr. Hale said in his sworn statement on the matter.
However, prosecutors believe Mr. Hale has changed his story because he wants to get back together with his estranged wife. Mr. Hale has said on the witness stand he would like to be back with his wife.
Mr. Hale maintains Zavogiannis has threatened to charge him criminally if he insists on changing his story against his wife.
“The district attorney threatened to charge him with perjury if he changed his story and told the truth, although the district attorney’s office had encouraged him to commit perjury at the beginning of this case,” Bryant wrote in support of getting the DA removed from his client’s prosecution. “Mike Hale states that the district attorney said she would ‘barbeque Brooke’s butt at the stake.’”
The court has severed the cases against Mrs. Hale and Redmon, meaning they will be tried separately. Mrs. Hale is to be tried first in June. However, a change in prosecutor would likely mean an extensive delay in her trial. Both defendants remain free on bond awaiting their trial dates.