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MONTGOMERY COUNTY

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Entire Montgomery County DA's office pulled from murder case

02:47 PM CDT on Thursday, June 26, 2008

By Leigh Frillici / 11 News

Video: Leigh Frillici's 11 News report

MONTGOMERY, Texas -- A family’s pursuit for justice in the murder of a 2-year-old girl has been dealt a major blow after the entire Montgomery County District Attorney’s office had to remove itself from the case.

In August of 2006, Madisyn Farrington was found murdered in her bed. Her 8-year-old sister, Lynnedi, made the horrifying discovery.

The boyfriend of the toddler’s mother, Jason Barrett, was accused of the crime.

It was the DA’s interview with Lynnedi that has thrown the case into turmoil.

“(The DA) informs me in court that he has been talking with the little witness, her sister, and she has a different statement now,” said Barrett’s attorney Mike Aduddell. “I (asked), ‘Well, did you record it? Audio? Or Video?’”

Montgomery County District Attorney Mike McDougal’s answer was no. The interview with Lynnedi was not recorded, but witnessed by another prosecutor.

McDougal insists the interview did not have to be recorded, but acknowledges having a prosecutor as a witness to the statement is a problem.

“It’s a little confusing for us to be cross examining a guy that works in our office,” said McDougal. “I’ve been practicing law since 1971 (and) I’ve yet to ever recuse a district attorney’s office.”

Just getting the case to trial has been a burden on little Madisyn’s family, but now this.

“I’ve had five heart attacks my wife’s lost her mind,” said Madisyn’s grandfather Danny Mason Farrington.

There could be more trouble. Adduddell is accusing McDougal’s office of withholding evidence that could clear his client.

“They have to give me evidence that even tends to say my client didn’t do it,” said Aduddell, who had to go to the DA’s office to get the evidence. He would not elaborate on what the piece of evidence is, but it is clear it should have been turned over.

“It’s been the law in this country forever that the district attorney cannot withhold evidence that is helpful to the defendant,” said 11 News legal analyst Gerald Treece.

All the jockeying amongst lawyers is little comfort for a grandfather as he looks at the grave of Madisyn.

“They just ripped out our heart,” said Farrington.

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