Defense attorneys for a Cody man accused of first degree murder in the death of his 2-year-old daughter have requested that the charges be thrown out against their client.
Dylan Rosalez and Branden Vilos, public defenders for Moshe Williams, submitted a request to dismiss the case, or at least submit a court order requiring the state to file a bill of particulars that sets out how exactly the child abuse was committed that led to the death of Paisleigh Williams.
Rosalez and Vilos have summarized the state’s response to this request as “we don’t have to.”
The attorneys have said the state has failed to delineate the elements of how the child abuse was committed and therefore said the murder charge cannot be assessed as a result of child abuse.
In June, the state submitted a subpoena for all video recordings of the parking lots, emergency room entrance, emergency room waiting room and examination room, and all other medical documentation pertaining to Paisleigh Williams’ emergency room visit on March 27 and any ongoing records for her at Cody Regional Health.
Attorney Mary Reed responded on behalf of Cody Regional Health and said the hospital has no video recordings of the parking lots, emergency room entrance, emergency room waiting room and examination room, and all other medical documentation pertaining to the emergency room visit, but did supply medical records.
Rosalez also complained that Williams’ pathology report is still missing and mentioned how “the defense investigation is complex and cumbersome,” with 13 total USB flash drives and one disc filled with evidence from the case. He also requested photos from the autopsy that the defense will use for consulting with experts and provide as evidence in the case.
Judge Bobbi Overfield recently approved a request for an extension of time to submit transcripts in the case, setting a deadline of Aug. 5.
Overfield replaced Judge Bill Simpson on the case when he recused himself from it due to a conflict of interest. Overfield last presided over a murder case in 2020, sentencing Donald Joe Crouse to life in prison without the possibility of parole after a plea deal was entered in Big Horn County.