Judge declares mistrial in Columbus DA Mark Jones parking lot damages case. Here’s why
The judge in District Attorney Mark Jones’ trial for damaging the Columbus Civic Center parking lot declared a mistrial Wednesday afternoon because sequestered witnesses viewed a TV live stream of the trial.
Judge Jeffery Monroe said he felt he had no choice after the case was compromised by witnesses viewing other testimony in the case when they were supposed to be secluded in a Government Center room waiting to be called to the stand.
Sequestered witnesses are prohibited from hearing others’ testimony, lest that influence how they would answer attorneys’ questions.
Monroe said the witnesses had access to the live stream on Tuesday and Wednesday. Two already had taken the witness stand, by the time Monroe learned his sequestration order had been violated, so their testimony could have been affected by what they saw online.
The attorneys did not challenge the judge’s decision in court.
“As the state’s attorney, my highest priority is to ensure that these proceedings are fundamentally fair to Mr. Whittington and Mr. Jones, and the evidence that’s been brought before the court strikes at the fundamental fairness of this proceeding,” prosecutor Brian Patterson told Monroe.
Attorney William Kendrick, who represents Whittington, said his client’s “fundamental rights” had been violated.
Said Chris Breault, who represents Jones: “This case is important to the community, and we would like a jury verdict, but obviously we have to stand by the court’s decision.”
He filed a speedy trial demand to get the case to court, and he and Jones would like that demand to stand, he added: “We do expect a speedy trial in this case.”
Outside the courtroom following announcement of the mistrial, multiple jurors told the Ledger-Enquirer they likely would’ve acquitted Jones and codefendant Erik Whittington.
The mistrial followed days of testimony that began Monday afternoon. The prosecution was about to wrap up its presentation of evidence, leaving the defense to present its case.
Jones and Whittington were charged with felonies after Jones posted a campaign rap video to social media showing Whittington’s gray BMW “drifting,” or spinning its tires while circling Jones and two others standing in the parking lot.
They initially were among five suspects charged in the incident, but three others pleaded guilty to misdemeanors.
While declaring the mistrial Wednesday, Monroe set a “status conference” with the attorneys at 4:30 p.m. Monday to decide when another trial can be scheduled with a new jury.
This story was originally published September 15, 2021 at 2:28 PM.