The resident Circuit Judge of Criminal Court ‘A’ Roosevelt z. Willie has denied a motion filed by the State prosecution to amend and add Montserrado County District #12 Representative Jerry Yorgbor to the indictment in the ongoing Capital Building Arson trial.
The State prosecution had sought to add Rep. Yorgbor under the category of “others to be identified,” alleging his involvement through criminal conspiracy and criminal facilitation.
But Judge Willie ruled that adding a new defendant at this stage, after jurors have been selected and the indictment read, would disrupt the proceedings and significantly delay the trial.
In his ruling, Judge Willie noted that inserting Rep. Yorgbor into the indictment now would require the court to restart numerous procedural steps.
He, amongst other things, stated that these include providing the representative a full opportunity to undergo voir dire and examine every juror, as required under Liberian law.
The judge emphasized that the prosecution’s request did not constitute a “formal defect” that can be corrected under Chapter 14, Subsection 14.7(1) of the Criminal Procedure Law, which allows amendments to correct errors of form.
“This application is not a correction of a formal defect,” Judge Willie stated.
Prosecution Cites Right to Amend
The prosecution had anchored its argument on Chapter 14, Subsection 14.7(1 & 2), which permits amendments to indictments at any stage to correct formal errors or insufficiencies in complaints triable before magistrates.
Prosecutors insisted the law conferred broad authority to revise the indictment and urged the court to allow the case to proceed with Yoker added.
Defense Objects, Warns of Procedural Breakdown
Defense counsel Cllr. Wilkins Michael Wright strongly opposed the prosecution’s motion, arguing that the State was attempting to “disband the entire selected jurors” by introducing a new defendant after arraignment.
Wright noted that Rep. Yorgbor’s name “does not appear anywhere on the indictment,” and that adding him now would trigger full procedural rights—including juror examination—effectively restarting the trial and prolonging the detention of existing defendants.
He further invoked Subsection 14.7(3), which allows amendments only to correct non-material variances between the indictment and the evidence during trial—not to add new charges or new defendants.
“Under no circumstance can an indictment be amended to charge an offense different from or additional to the offense originally charged,” Wright argued.
After considering the arguments, Judge Willie ruled in favor of the defense, denying and overruling the prosecution’s application.
The ongoing Capitol Arson trial, which includes charges of arson, criminal conspiracy, attempted murder, and other offenses, will proceed without the inclusion of Rep. Jerry Yorgbor.
