CLARKSVLLE, Tenn. (WKRN) – A preliminary hearing officer required government prosecutors to provide video surveillance from the night Pfc. Shadow McClaine’s car was abandoned in downtown Nashville and audio recordings from inside the Montgomery County jail between one of the defendants and his wife.
The requirements came after a day of motions from attorneys representing McClaine’s ex-husband Sgt. Jamal Williams-McCray and Spc. Charles Robinson.
Both men are charged with premeditated murder, conspiracy to commit kidnapping and murder, and kidnapping in violation of the Uniform Code of Military Justice (UCMJ).
Additionally, Williams-McCray is charged with rape by force and obstruction of justice. According to military officials, the rape by force charge is in connection with an incident that predates McClaine’s disappearance.
McClaine vanished on Sept. 2, 2016. Her car was found two days later in Nashville and her body was later found in January.
At the end of the session on Monday, the presiding officer granted in part key motions for evidence made by defense attorneys for both soldiers.
Audio recordings of Spc. Robinson speaking to his wife from inside the Montgomery County jail by phone were among the evidence the presiding officer required be turned over to the defense for Sgt. Williams-McCray.
He also required the prosecution to provide surveillance video of the night McClaine’s car was abandoned in downtown Nashville two days after she disappeared.
The presiding officer left open the option of not making his final recommendation to Commanding General MG Andrew P. Poppas until the results of DNA testing is complete.
He also said he could reserve his final recommendation for after the manner and means of McClaine’s death is determined.
Both Williams-McCray and Robinson could face the death penalty for the charge of premeditated murder against them.
During Monday’s hearing, military defense attorney’s, along with civilian attorneys, argued that they have not received enough of the government’s evidence to mount an effective defense.
Sunday, Williams-McCray’s attorney filed a motion to continue the preliminary hearing. A decision on the motion was deferred until after the government’s case rested.
The hearing took a recess for lunch before taking up the defense motion for continuance and motion to call witnesses. The hearing is scheduled to resume at 8:30 a.m. on Tuesday.
Government prosecutors said they will not call witnesses for the preliminary hearing, according to the preliminary hearing officer, but the defense for Sgt. Williams-McCray is expected to call at least one witness.
McClaine’s family attended Monday’s hearing, as did some of Robinson’s.
