HAMPTON, Va. (WAVY) — The defense for Cory Bigsby, the Hampton father charged with the murder of his 4-year-old son Codi, has filed a motion to deny Bigsby’s other son the ability to testify via closed circuit television.
Codi’s body has never been found; his father is also charged with the concealment of his body.
With the possibility of the victim’s siblings testifying, the defense argues that Bigsby’s other son shouldn’t be allowed to testify in a separate room, arguing that it violates the 6th Amendment to “confront” your witnesses.
The motion also states that The Commonwealth falsely describes the son testifying as the “complaining-witness.” The defense argues that the son is capable of in-person testimony, and cross-examination won’t be effective unless he has to “face his father” and “look him in the eyes” while testifying.
They also argued that a closed-circuit testimony would make Bigsby look guilty, violating the 14th Amendment of the “presumption of innocence.”
“The jury will reason: ‘If D.B. is in fear of Mr. Bigsby and if D.B. MUST be protected by the Court, in this manner, then Mr. Bigsby MUST be guilty of killing D.B’s brother,’” their motion reads.
10 On Your Side reached out to the Commonwealth’s Attorney’s Office for response as to why it requested the closed-circuit testimony. Commonwealth’s Attorney Anton Bell said the office does not have a statement at this time.
Bigsby’s trial was supposed to begin Nov. 6 but as WAVY has reported, it is delayed because Matheny-Willard said she needed more time to go over discovery material.
Continue to check WAVY.com for updates.