SEMINOLE COUNTY, Fla. — A key witness in the murder of a Lake Brantley High School football player has left town and, so far, he's refusing to return to Florida to testify against Brian Harvey.
It's the second trial for Brian Harvey in the murder of Mitchell Weiner. The court is trying to determine how to move the trial forward without the witness the State Attorney's Office and its investigator have had phone conversations with, Daniel Katz.
According to them, Katz said some pretty nonsensical things, like he feared for his life, he would testify if he were paid and that he's had plastic surgery to change his appearance.
Harvey and his attorney are preparing for trial, again. Harvey was convicted of felony murder in the 2006 shooting death of his friend, 17-year-old Mitch Weiner. He was killed as he rode in the back of a car during a drug deal turned robbery.
Prosecutors argued Harvey knew Weiner was being set-up, a claim the defense denies.
A problem with jury instructions during Harvey's 2008 trial means he'll get another chance to avoid life in prison.
Friday afternoon, prosecutors explained to the court a key witness in the original trial has refused to cooperate. Katz gave Assistant State Attorney Charley Tabscott a long list of excuses for not returning to Florida for Harvey's re-trial.
"He was rambling, crying, using profanity, argumentative, stating that this case had ruined his life. He said he would come in and testify if he got paid," Tabscott said.
Tabscott explained that wasn't going to happen; Katz was an informant.
"He did tell me he was pressured and he was drunk when he wore a body bug, as the court is aware of from the testimony in the first trial, that he thinks Harvey is innocent," he said.
Katz wouldn't answer a question about whether he lied on the stand during Harvey's first trial.
"We need to be able to impeach Mr. Katz for information he's given the state since then," defense attorney Buck Blankner said.
Prosecutors were asked about forcing Katz back to Florida for the retrial in September, but they still don't know exactly where to find him.
The judge has not decided if she'll allow Katz's previous testimony, should he be a no-show.
WFTV
