Credibility of confidential informant questioned as ice cream man murder trial gets ready for round 2

TAMPA, Fla. - As an ice cream man accused of gunning down six people, killing two, gets ready to go to trial for the second time, the credibility of a key witness is in question. 

To some children in Ruskin he was known as the "ice cream man," but to prosecutors, Michael Keetley is a cold-blooded killer, out for revenge.

Keetley is accused of a deadly shooting spree on Thanksgiving Day twelve years ago.

His first trial ended in a hung jury in February 2020.

Now, as he prepares to go to trial, there is a battle over evidence.

During a hearing, Keetley's new legal team, headed by Rick Escobar, challenged the credibility of a confidential informant who is a key witness.

"Initially, he wanted to say that it was Mr. Keetley who committed the murder. Then, when he was put on for deposition, ‘I’m claiming the fifth.’ Why are you claiming the fifth," asked Escobar. 

Evidence markers lie on the porch where Michael Keeltey is accused of going on a shooting spree. 

But prosecutor Jennifer Johnson remembers it differently.

"He did not claim the fifth. He just refused to participate in the deposition," recalled Johnson.

Escobar also pointed out that the confidential informant had a working contract with the Hillsborough Sheriff’s Office that barred him from picking up any new criminal charges. 

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However, the informant was arrested on a new drug charge. Despite that contract violation, the sheriff’s office continued to use him as an informant. 

Keetley is accused of a horrific shooting spree that left two brothers dead and four others injured in a case of mistaken identity,

Michael Keetley is accused of killing two brothers on Thanksgiving Day 2010. 

Prosecutors say on Thanksgiving Day in 2010, Keetley was out for revenge after he had been robbed and shot during his ice cream route, but they say he targeted the wrong men.

Now, one of those men who survived the shooting, Jose Rodriguez, is nowhere to be found. 

READ: Victim testifies as ice cream man murder trial continues in Tampa

Hillsborough state attorney investigator Juan Acosta, says he's reached out to his family, even his ex-girlfriend in Ruskin, but no luck. 

He believes Rodriguez is living somewhere in Texas but has no home address. 

Michael Keetley is accused of going on a shooting spree as revenge after he was beaten and robbed. 

Escobar was quick to pounce on Acosta’s search methods, including not reaching out to police agencies in Texas that could assist him in tracking down Rodriguez. 

"Tell me, how many agencies you contacted in Texas in order to assist you in locating this witness?" asked Escobar.

"I haven’t contacted any," Acosta replied.

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After that acknowledgment, attorneys for the defense and prosecution agreed to play Rodriguez's video testimony from the first trial, during this second trial.

The defense was also critical of the lead detective’s investigation, claiming other leads for suspects were never pursued.

Items are strewn along a front porch where Michael Keetley is accused of shooting two brothers to death. 

Escobar is asking a judge to order prosecutors to hand over more of the detective’s files, records, and emails.

However, Johnson accused Escobar of going on a fishing expedition but didn't offer much of a protest once Tampa judge Christopher Sabella pressed her on the issue.

"Is there a reason not to give them those dates and times and report numbers?" he asked.  

"I don’t have a legal basis not to provide that," replied Johnson.

A ruling is expected before Keetley’s trial in February.