Defense attorneys’ motion in the case against Gregory and Brandon Case was declared a mistrial Thursday morning.
“Nobody hates a mistrial more than I do,” said Circuit Judge David Strong, who said he’d never seen a case like this in his career.
Court began Thursday with the motion for a mistrial after a video was not turned over to the prosecution or the defense by Brookhaven Police Department.
Defense attorney John Kitchens pointed out that twice, Brookhaven detective Vincent Fernando broke court rules, and that the missing video was, in his opinion, the third and final strike.
District attorney Dee Bates agreed that the video should have been turned over and acknowledged Brookhaven Police Department’s mistake.
Strong said that it almost didn’t matter what was on the video, the fact that there had been evidence withheld dictates a mistrial.
This is a developing story.