Judge sequesters jury after courthouse hallway fight, then declares mistrial
An action-packed four days of trial in an Omaha, Nebraska, double-murder case came to an abrupt conclusion Friday morning when the judge declared a mistrial at the request of the defense.
However, the prosecution did not object, following a difficult day on Thursday when a key government witness against Charles Trotter suffered a number of memory lapses, according to KETV and the Omaha World-Herald.
Trotter’s trial began Monday in the homicides of Marcel Lovejoy and Dexter Joseph, a crime described by authorities as gang-related. Trotter was 16 years old at the time of the January 2015 slayings, but is being tried as an adult.
Public defender Tom Riley cited evidence issues and witnesses’ ability to testify in his motion, saying, “This compromises the ability of defense counsel to adequately cross examine potential witnesses,” the television station reports.
On Thursday, an unidentified witness had been expected to testify about what he saw, the World-Herald recounts.
However, he repeatedly told the jury “I don’t remember” when asked by prosecutors what had happened, although he did recall running behind one of the victims as he fled toward the apartment door and jumping over the young man when he fell before reaching it.
On Wednesday, a cousin of one of the murder victims was shot to death at his home after leaving the courthouse, sparking speculation that the homicide had intimidated the witness. But when asked by a prosecutor whether he had received any threatening calls Wednesday night, the witness told the court, “I don’t remember.”
On cross, Riley only asked the witness whether he had been drinking and had smoked marijuana, to which he replied, “Yes.”
Also on Wednesday, a fight in the Douglas County Courthouse hallway near the trial resulted in a decision by the judge to sequester the jury and withhold their smartphones and electronic devices, according to the World-Herald and WOWT.
“I don’t see any way around it,” said Judge Leigh Ann Retelsdorf, explaining that she was concerned the jury would hear about the courthouse fight and the fatal shooting Wednesday of Jarrell Haynes, 22.
A cousin of murder victim Marcel Lovejoy, Haynes tried to attend the trial earlier on Wednesday but was turned away because he lacked identification, the World-Herald reports. As he exited the courthouse, he was threatened by a man there, Haynes told an aunt in a cellphone call. Later that day, Haynes was fatally shot outside the home of the aunt, with whom he resided.
During the earlier courthouse hallway melee on Wednesday, at least six fistfights could be seen on a cellphone video provided to the newspaper. Three men and a woman were arrested on suspicion of disorderly conduct and other misdemeanor charges, the World-Herald reports.
Trotter is expected to go to trial again in June, WOWT reports.
Related coverage:
KETV: “Omaha teen accused of double homicide will stand trial”
