July 4th Trial Could be Mistrial

POSTED: Tuesday, April 7, 2009 - 6:01pm

UPDATED: Thursday, June 3, 2010 - 11:58pm

Its day two in the trial of a man accused of opening fire after a 2007 July 4th celebration. Prosecutor Aaron Brooks thought the ball was going to be in his court today when presenting DNA evidence along with police testimonies against 19-year-old Devin Collins, but that goal was quickly shattered after a slipup from a witness.

The second day of the trial kicked off as planned with testimonies from police officers. One investigator said that Devin Collins’ DNA was found on the side of a handgun, but his prints were not on the trigger. Hours later controversy broke out when an investigator brought up a video from the crime scene. Before the trial, he was instructed not to mention the video. Defense attorneys caught the mistake and immediately requested a mistrial. Defense attorney Rodney Messina says, “We met in chambers, there’s a tape that came about a video that the state wasn’t aware of and we weren’t aware of since 2007 July 5th and the witnesses commented on it. Now there’s an issue whether or not this trial should go forward.”

The officer had used the video prior to the trial, in order to reconstruct the crime scene for Judge Moore. The witness’ slip up is considered a legal defect and could determine whether or not Collins walks away a free man. “If he grants it what happens is I think there may be a recusal and he has to recuse himself because now he has heard the evidence and it’ll have to be reloted again.” Further delaying justice for the victims.

Judge Moore plans to announce his decision tomorrow morning.