1/12/12 Mistrial declared in felonious assault case

  • By Nick Sabo
  • January 12, 2012
  • 309
                        
SUMMARY: Upside down juror badge constitutes 'prejudice' in jury selection A juror’s badge worn upside resulted in a mistrial Wednesday Jan. 11 in the case of a Millersburg man charged with felonious assualt. Visiting Holmes County Common Pleas Judge David Stucki declared a mistrial in the case of Nicholas A. Mullet, 56, 2668 Kirchenberg Drive. Mullet’s attorney, Thomas White, moved for mistrial after it was discovered a juror was not who she was presumed to be. The juror had been given a pin identifying herself as Juror number nine. However, she wore the pin upside down, turning the nine into a six. Juror number six had previously been excused prior to jury selection. The mistake was not noted until jury selection was completed and a jury seated. White said that not knowing juror six was not in fact juror nine constituted prejudice in the process of jury selection, a process he called “strategic” in readying Mullet’s case. “The only fair way to do this is to hit the reset button,” White said. Stucki said the issue affected the rights of both the state and the defense and “the court must proceed with all due caution that those rights are not infringed upon in any way.” The case has been rescheduled for trial March 5. Mullet is charged with allegedly striking a woman April 22 while they were having an argument at Lake Buckhorn. Mullet allegedly struck the woman in the face, causing serious physical harm, according to Prosecuting Attorney Steve Knowling. Mullet is charged with felonious assault, a second-degree felony, and assault, a first-degree misdemeanor.


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