Prosecutors say defense trying to gain advantage in Durham case - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

Prosecutors say defense trying to gain advantage in Durham case

By Mike McDaniel - bio | email | Twitter

HATTIESBURG, MS (WDAM) - Five days before the trial of Don and Jim Durham, attorneys for both sides were back in court Friday morning arguing over what prosecutors say is improper court procedure from the defense.

A pre-trial motion hearing was held in Forrest County Circuit Court where Assistant District Attorney DeCarlo Hood accused the defense of intentionally withholding testimony documents in order to gain a trial advantage.

Defense Attorney Richard Dymond says he's not trying to prolong the case, even after four continuances already, and handed over the documents after he got them. Hood asked Judge Bob Helfrich to excluded the expert witness's testimony from the defense because the documents weren't handed over in a proper time frame.

Helfrich will allow the testimony to be heard but said in court the defense should have already provided the documents.

The Durhams face multiple charges of bad checks stemming from their Forrest County business, Durham Auctions.

Trial is set for Wednesday.

Copyright 2010 WDAM. All rights reserved.

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