Jurors for Chad Smith case had been out in the hallway since 10 a.m. Jury selection started yesterday afternoon.
Just couple minutes ago, Judge Dale Reinholtsen declared a mistrial.
"For reasons were unexpected and a surprise to everyone I have to declare on mistrial in this case."
"This is something no one wanted, we have gone through an excess of a 1,000 people and have to start now with a wholenew group of people."
"I cannot go into details, it came to my attention this morning."
Smith was not in the courtroom. He is charged with the alleged molestation of his step daughter and sexual abuse of her friend.
Dates for a new trial will be set tomorrow morning at 8:30 a.m.
No other media or member of the public was in the courtroom.
Nothing makes this ok! Well, one thing does but I doubt he’d hurt himself.
ReplyDeletehttps://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mistrials.html
DeleteHow Courts Work
Steps in a Trial
Mistrials
Mistrials are trials that are not successfully completed. They’re terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial.
Mistrials can occur for many reasons:
death of a juror or attorney
an impropriety in the drawing of the jury discovered during the trial
a fundamental error prejudicial (unfair) to the defendant that cannot be cured by appropriate instructions to the jury (such as the inclusion of highly improper remarks in the prosecutor's summation)
juror misconduct (e.g., having contacts with one of the parties, considering evidence not presented in the trial, conducting an independent investigation of the matter)
the jury's inability to reach a verdict because it is hopelessly deadlocked.
Either side may make a motion for a mistrial. The judge will either grant the motion and declare a mistrial, or he or she will not grant the motion and the trial will go on.
Yep. I get that. My response was wishful thinking. It’s just extremely sad that the trial was so close and now the victims, (“alleged victims”, to be proper), have to wait again to have justice. It is profoundly upsetting to me and I’m sure I’m not the only one. Thank you for keeping us up to date and posting the laws. Thanks for letting me vent.
ReplyDeleteThe comment was not directed at you specifically. I get comments and questions via email, messenger and Facebook. This is just the best place to reach everyone.
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