Cruz argued his rights were violated by “omissions” and “half-truths” because Dougherty did not tell the grand jury the witness was a 14-year-old girl who had seen only the side of the gunman’s face, the decision said.
Among other points, his challenge also said Dougherty failed to disclose that the girl’s sister had shown her a Facebook photo of Cruz before the witness identified him to police.
But the appellate ruling noted Dougherty had testified in response to questions from an assistant prosecutor.
“To the extent that there was an obligation to present facts, that obligation rested with the assistant prosecutor, the ruling said.