City Lawyer: No police internal investigation

City of Columbia attorney Constance Holloway told Judge Bogan on April 1 that an internal affairs investigation had been completed.

The attorney for the City of Columbia said in court Friday that no internal investigation was taking place regarding an October arrest in Columbia's Five Points.

Defense attorneys Joel Collins and Robert Goings gathered for an unexpected hearing before Judge James Bogan to discuss several issues concerning the case of Jonny McCoy v. The City of Columbia.

Collins said he was still waiting on the findings from the internal affairs investigation that City of Columbia attorney Constance Holloway said she would provide during the preliminary hearing on April 1.

According to Holloway, the documents do not exist because such an investigation was never launched.

"The City of Columbia did not do an internal affairs investigation," said Holloway.

Collins entered a press release issued by Assistant City Manager of Public Safety Michael King into evidence that suggested otherwise.

Holloway said that she spoke too soon during the April 1 hearing because she "assumed one had been done."

Judge Bogan asked Holloway to revisit the issue to see if there was any misunderstanding.

Other concerns addressed were the trial date, which at this point is set for May 24.

The City asked for a continuance since one of the arresting officers, James Heywood, will be on military duty.

Judge Bogan denied that request and asked that both parties come to an agreement on how Heywood's testimony will be collected.

Holloway then requested that the incident report from the Five Points arrest be thrown out.

Defense attorney Robert Goings said that the report should be admissible because it allows the jury to see the officers account of the arrest on October 17, 2009 and compare that with the surveillance video from the outside of the bar.

McCoy denies the allegations and says the incident report filed by officers is false.

The surveillance video seen First On Fox shows an inconsistency between the police report and McCoy's account of the incident.

According to Long, Passmore and Heywood, McCoy "grabbed the officer" and "got in their faces".

McCoy claims he was "simply asking why his friend was being arrested."

A federal lawsuit has also been filed on the grounds that the ordinance is too vague and violates constitutional rights.

"This ordinance needs to be taken off the books completely," said Goings.

The city of Columbia has asked that the federal suit be stayed pending the outcome of the criminal case.

WACH FOX News continues to follow this story and will bring you the very latest as soon as it becomes available.

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