DAYTON — Phone records could delay the start of a murder trial in Montgomery County. Police said the accused killer wrapped the victim’s body in a tarp and then dumped it in an alley behind a restaurant.
News Center 7’s John Bedell learned this is not the first time phone records have come up in the case.
The trial was already delayed once due to the lack of phone records. This involves a murder investigation at an apartment building on Richmond Avenue in Dayton.
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Prosecutors and defense attorneys are each trying to get their hands on the phone records, but neither has them yet.
James Hancock was in court Tuesday. It was supposed to be the final hearing before his trial in August.
Montgomery County Common Pleas Court Judge Elizabeth Ellis said, “Because there was a request for records from Verizon, some cell phone records.”
Hancock’s defense attorney said he’s asked Verizon for the records. Kyle Lennen said, “But the only thing I’ve received so far is that there’s been a confirmation from Verizon of the request, but the actual records have not yet been received at this point.”
Prosecutors said they’ve even had the Dayton Police detective on the case get a search warrant for the records, and it’s been issued to the phone carrier.
Assistant Montgomery County Prosecutor Kelly Madzey said, “They have a queue in an online portal she’s been checking that daily; it still shows that it’s pending.”
Judge Ellis asked, “And both parties agree that this is necessary evidence to go forward in the trial?” News Center 7 learned the answer was “yes.”
Hancock is accused of a murder that prosecutors say happened inside an apartment building in Dayton in November of 2023.
Police said they found evidence of a killing in a unit, but no body. That same day, investigators said they found Matthew Thomas’ body wrapped in a tarp in an alley behind a Popeye’s restaurant on Salem Avenue.
Hancock didn’t face murder charges in the case until last year. Now, he’s waiting for his trial.
When both sides said they don’t have those phone records yet, the judge said let’s finish the hearing on Thursday and see if Verizon can produce them by then.
Right now, Hancock’s trial is scheduled for August 3.
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