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should not be weighed against Weis.” Dissent would presume prejudice in this situation: “I reach this conclusion, in part, knowing that in any case, and particularly in a death penalty case, defense counsel must investigate the facts and mitigating circumstances at the earliest opportunity, and that, here, defense counsel were stymied in their ability to carry out that task. At the same time, the prosecution, which was funded consistently, had every opportunity to complete its investigation in preparation for trial.” Gray v. State, 303 Ga.App. 97, 692 S.E.2d 716 (March 24, 2010). Trial court properly denied defendant’s motion to dismiss pending prosecution for aggravated assault and related charges based on constitutional speedy trial grounds despite seven-year delay, mostly caused by missing victim and defendant’s failures to appear for several court dates. 1. “ A missing witness may justify a delay. Barker [ v. Wingo, 407 U.S. 514, 531, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)]; Brannen v. State, 274 Ga. 454, 455, 553 S.E.2d 813 (2001).” But State’s failure to search for victim for some five years “weighs heavily against the State. Oni v. State, 285 Ga.App. 342, 343-344(2)(b), 646 S.E.2d 312 (2007).” 2. Defendant’s failure to assert his right to a speedy trial “for more than five years from his arrest … weighed heavily against him.” Accord, Leverett v. State , 313 Ga.App. 702, 722 S.E.2d 418 (January 26, 2012) (defendant’s failure to assert right for 30 months, until eve of trial, “is entitled to strong evidentiary weight against” him). 3. No prejudice to defendant, especially where victim’s testimony was given as a similar transaction in another case against him; thus, “he had the benefit of cross-examining this victim during the trial of the [other] incident.” State v. Nagbe, 302 Ga.App. 682, 691 S.E.2d 593 (March 8, 2010). No error in granting defendant’s plea in bar based on constitutional speedy trial denial. 1. Defendant’s early request for trial did not amount to assertion of the speedy trial right. “This oral request for accommodation by the trial court did not purport to include a specific invocation of Nagbe's constitutional or statutory right to a speedy trial.” 2. Death of victim/witness, however, was sufficient to show prejudice. “An investigator interviewed the alleged victim before her death, and the defense introduced a videotape of that interview at the hearing to show that the victim denied being harmed by Nagbe. The trial court found that the defense case ‘is prejudiced by the fact that the alleged victim is no longer available to testify on the Defendant's behalf that the Defendant did not harm her as alleged in the indictment.’ The State argues that Nagbe was not prejudiced by the death of the victim because the victim suffered from Alzheimer's disease and other illnesses and that she ‘probably’ would have been incompetent to testify at trial, and because the State stipulated at the hearing that the videotape of the interview would be admissible at trial. ‘If witnesses die or disappear during a delay, the prejudice is obvious.’ Barker [ v. Wingo, 407 U.S. 514, 532 (92 S.Ct. 2182, 33 L.Ed.2d 101) (1972)]. The State's claim that the victim would ‘probably’ have been incompetent to testify at trial is simply speculation. See generally Dorsey v. State, 206 Ga.App. 709, 713(3) (426 S.E.2d 224) (1992) (‘a mental disease does not necessarily render a witness incompetent to testify[;][e]veryone is presumed competent to testify’) (punctuation omitted). Our review of the videotape shows that it was sufficient to support Nagbe's contention that the alleged victim would have testified that she had not been harmed by Nagbe. Nor was the trial court required to conclude that because the State stipulated that the videotape would be admissible at trial that the prejudice to the defense was significantly alleviated. Compare Brannen [ v. State, 274 Ga. 454, 458 (553 S.E.2d 813) (2001)] (State's stipulation to admission of affidavit of deceased defense witness sufficient to alleviate prejudice from witness's death); Nusser [ v. State, 275 Ga.App. 896, 900-901 (622 S.E.2d 105) (2005)] (medical records stipulated by State to be admissible were sufficient to stand in doctor's testimony). Without the testimony of the alleged victim, the defense was left with an unsworn, three minute videotape secured by an investigator. Compare Brannen, 274 Ga. at 458 (describing contents of affidavit as to be ‘unchallenged’ in view of unavailability of cross-examination); Nelloms, 274 Ga. at 181 (trial court alleviated prejudice to the defendant caused by witnesses of victim's prior acts of violence by obtaining stipulation from the State that it would not object to defense argument regarding victim's prior acts of violence should defense show prima facie case of justification). The setting and scope of the videotape interview was not reasonably equivalent to trial testimony by a primary witness. Further, the videotape would not have the same ‘impact upon the jury of the testimony of the lost witness[, which] depended largely on that witness's credibility and demeanor while testifying.’ Hardeman v. State, 280 Ga.App. 168, 171(4) (633 S.E.2d 595) (2006). We conclude that the trial court was not required to accept the State's stipulation as a sufficient substitute for the loss of the alleged victim's trial testimony.” Compare Fallen (May 31, 2011), above. Lambert v. State, 302 Ga.App. 573, 692 S.E.2d 15 (March 2, 2010). Trial court properly denied defendant’s motion to dismiss based on alleged constitutional speedy trial violation. 1. Computation of time following prior appeal. “In this case, the delay ‘must be computed from the most recent remittitur to the trial court.’ Chambers v. State, 213 Ga.App. 414, 415(1)(a), 444 S.E.2d 820 (1994).” Accord, Moore v. State , 314 Ga.App. 219, 723 S.E.2d 508 (February 17, 2012); Jenkins v. State , 294 Ga. 506, 755 S.E.2d 138 (February 24, 2014) (trial court properly calculated delay in case from date of Supreme Court remittitur affirming grant of habeas relief). 2. Delay caused by quashing of indictment is weighed
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