MIAMI — A Miami-Dade judge ruled Monday that prosecutors can use prior testimony from a key witness in the Bryan Pata murder case, despite the recent discovery that the man — once believed to be dead — is still alive.
The ruling came after prosecutors filed a motion declaring the witness, 81-year-old Paul Conner, was “unavailable” to testify in person due to health and competency concerns.
“One of the record checks we ran on him showed him as deceased,” said Detective Juan Segovia of the Miami-Dade Sheriff’s Office.
Judge Christina Miranda granted the state’s motion, allowing Conner’s previously recorded testimony from a 2022 Arthur hearing to be used at trial.
“The state believes it has satisfied his unavailability,” a prosecutor said. “We made every effort to locate him, and his current condition prevents him from testifying.”
The defense wants the opportunity to cross-examine him in person, in front of a jury.
“We ask the motion be denied,” said defense attorney Sara Alvarez. “The jury deserves to see and hear from this witness directly.”
Conner, a former University of Miami professor, had been a crucial witness in the case against Rashaun Jones, a former Hurricanes teammate accused of fatally shooting Pata outside his Kendall apartment complex in 2006.
Prosecutors said Conner’s testimony was “essential” because he previously identified Jones as the person he saw leaving the scene of the shooting shortly after hearing a gunshot.
In court Monday, Miami-Dade and Louisville police officers testified about their recent encounters with Conner at his Kentucky apartment — including an incident recorded on a body-worn camera on Sept. 25 — that raised questions about his mental and physical state.
That visit came shortly after ESPN reported that Conner, long thought to be deceased, was actually alive, following a mix-up involving a database entry that listed him as dead.
Prosecutors argued that Conner’s current condition makes him unavailable to testify at trial. Defense attorneys countered that they should be allowed to cross-examine Conner in person before a jury.
“I spoke to Mr. Conner. He was disheveled,” one officer told the court.
Miranda ultimately sided with the state, ruling that the prior testimony is admissible at trial.
“He was cross-examined, shown photos — everything he would’ve testified to has been memorialized in his perpetuation,” Miranda said in court.
Jones, now 40, has been in custody for four years, accused of killing Pata, who was 22 at the time of his death.
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