ACCOMACK CO., Va. - A motion to exclude evidence from a trial for an accused arsonist in Accomack County has been denied.
In an Accomack County courtroom on Thursday afternoon, a motion to limine was denied by judge Glen Tyler in the case against Tonya Bundick. This ruling means that evidence won't be limited due to the conspiracy charge against her.
WMDT spoke with a source close to the case that also says they expect him to testify during the trial. The defense anticipates Charles Smith to testify.
"If they don't have Charlie [Smith] there, it's over," said Allan Zaleski, Bundick's lawyer.
Inside the courtroom, Bundick sat in silence while her lawyer and commonwealth attorney Gary Agar argued about that motion to eliminate some evidence. Ultimately, judge Tyler decided to deny that motion. In order to prove motive for that charge, the Commonwealth will need evidence from fires dating back to the start of the fires in November 2012.
While Zaleski says he's disappointed with the outcome, he says he has confidence with the case.
"The only real evidence they have against her, as you know, she made no statement and Charlie made a statement,and if he doesn't testify against her, that's the only evidence they have," said Zaleski. "[There's] no finger prints, no DNA. It's just one person's word against the other."
The Commonwealth will not be able to use Smith's statements or play his confession videos from the night of his arrest, only use him as witness. Zaleski says he expects Bundick to testify, but that could change between now and Monday.
The size of the jury pool has also been decided: 50 candidates. Of those, 22 will be brought in Monday morning and asked a series of questions to whittle down to the final 12.
Bundick is facing one county of arson, and one count of conspiracy. The trial will start on Monday, in Virginia Beach.