Archive for Wednesday, October 24, 2012

Mistrial declared in Valley Falls attempted murder case after jury sees wrong DVD footage

October 24, 2012

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Jefferson County District Judge Gary Nafziger ordered a mistrial Wednesday in the attempted murder case against a 62-year-old Valley Falls man because the jury saw improper evidence.

John Hayworth Jr. was facing trial in the December shooting of William Schoonover, 58, also of Valley Falls. The shooting stemmed from a dispute between the two on Schoonover’s property, about 40 miles northwest of Lawrence.

The trial, which opened Monday, was declared a mistrial after jurors watched a DVD containing footage that should have been redacted, said Jefferson County Attorney Jason Belveal. A redacted copy had been made, but the jury was inadvertently shown the incorrect disc, Belveal said.

Nafziger set a Jan. 24 court date to reschedule the trial.

Schoonover, who testified Tuesday, said Hayworth shot him in the chest with a handgun on Dec. 4.

Prosecutors have also charged Hayworth’s wife, Bernadine Hayworth, with aggravated battery and obstructing the investigation.

Comments

somedude20 2 years, 8 months ago

Do people even get fired any more for screwing up or do they just get a promotion?

Shelley Bock 2 years, 8 months ago

Your "thanks to the libs" statement wins today's stupidest comment award.

Jim Johnson 2 years, 8 months ago

He had it for awhile but then Hepburn you stole

BlackVelvet 2 years, 8 months ago

Actually, in the Lawrence/KU area, he is right. Many folks in the Lawrence/KU arena have been promoted and given pay raises for what would get folks in most locales imprisoned, or at least fired. Absolutely.

Topple 2 years, 8 months ago

You must be/have been a great employee. Volunteered yourself for firing if you made a mistake, which, let's face it, probably never happened.

Steve Jacob 2 years, 8 months ago

The DA is lucky the Judge let this go to trial again.

ebyrdstarr 2 years, 8 months ago

No. This kind of thing almost always results in the state getting to go to trial again. And the almost is theoretical because I can't actually recall a case where the state wasn't allowed to retry a case after a mistrial. Even when the mistrial is a result of a prosecution mistake. The defense would have to prove that the state did it intentionally to goad a mistrial, which is nearly impossible to prove.

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