An allegation that a prosecutor lied to the court about the availability of DNA evidence, even if it is true, is not harmful enough to warrant the dismissal of an indictment against a man accused of kidnapping, according to a Tarrant County judge.
The judge denied a motion calling for the dismissal, which means that the Christopher Revill kidnapping case will continue its slow march toward a May 6 trial date.
In addition to denying the motion to dismiss the indictment, the court also declined to take any action regarding allegations of prosecutorial misconduct and declined to impose any sanctions against the state’s attorney and denied requests to exclude DNA reports from evidence.
Revill, 35, who was indicted on Dec. 14, 2016, was charged with kidnapping his former girlfriend, Typhenie Johnson, and has been in jail since his arrest Oct. 19, 2016.
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Authorities allege that Revill played a role in Johnson’s murder, although a body has not yet been found.
The Tarrant County District Attorney’s Office declined to comment on the denial because the case is still pending before the court.
The motion to dismiss, filed by Revill’s defense attorney, Lesa Pamplin, alleged that Tarrant County Assistant District Attorney Arthur Clayton hid the results of a DNA test report from the defense and from the court. Pamplin said she saw the crime report containing the DNA finding on a laptop computer being used by Clayton on Oct. 1.
The denial “was expected,” Pamplin said Wednesday. “It was a long shot but we wanted people to see there was another side.”
According to an order signed by State District Judge Chris Wolfe, neither party requested a hearing on the matter, but each side submitted written arguments.
On Nov. 19, Pamplin alleged that Clayton lied to the court on at least four occasions and said he did not have a DNA report when in fact he did. Clayton allegedly kept up the ruse for about a year, according to Pamplin’s motion.
Relatives of Johnson, who was last seen on Oct. 10, 2016, have continued to try to locate her. Johnson disappeared after an argument with Revill and has not been heard from since.
Revill has also been implicated in the disappearance of another young woman, Taalibah Islam, who was reported missing by him in January 2006.