PITTSBURGH — A Taco Bell manager was convicted of killing one of his employees. Months later, a judge granted him a new trial. Now, there are a lot of questions about how that initial homicide trial was handled.
On Tuesday, Channel 11 learned the judge did not make a ruling after today’s hearing, but eventually, he will decide on whether Zairyre Simmons will get a new trial or if this will be a case of double jeopardy.
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Zairyre Simmons was back inside the same courtroom where a jury found him guilty of murdering Dorian Carver while the two worked at Taco Bell together.
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His defense attorney is arguing Simmons should be set free after Judge Bruce Beemer ruled he was getting a new trial because of “prosecutorial misconduct” in the first one.”
The original prosecutor on the case was Jarrod Caruso, who is accused of not properly preparing for the murder trial, nor presenting evidence for two charges.
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Caruso testified that this was his first-ever murder case, and the case was his first trial in 9 years.
When asked why he didn’t provide evidence to support two charges in the case, Caruso responded he was only focused on the homicide, and not thinking about other charges.”
Caruso was assigned to this case at a time when several prosecutors left the DA’s office.
Channel 11 will let you know when the judge makes a decision.
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