Mistrial Declared in Jones Case
By FRED CONNORS Staff WriterOhio County Circuit Judge James Mazzone on Tuesday declared a mistrial in the Jack Jones child sex trial.
Mazzone's decision came during the second day of Jones' trial after a prosecution witness made an inappropriate comment. Mazzone set a new trial date for Aug. 17.
Sarah Wyer, a child psychologist from a Charleston behavior center, said the victim in the case told her Jones had performed sexual acts upon her and another child.
Defense attorney Stephen Herndon objected to the comment and - during a break period - made a motion for mistrial.
The motion came after attorneys for both sides met with the judge behind closed doors to review transcripts of Wyer's testimony.
"The witness had unintentionally disclosed evidence that is prohibited by the West Virginia Rules of Evidence." Mazzone told the jury.
"The evidence was of the nature that a mistrial was required to be declared."
Rules of Evidence mandate that a jury cannot hear testimony about any prior bad acts the defendant may have committed outside of the current case.
Assistant Ohio County Prosecutor Gail Kahle apologized for the witness's comment.
"I apologize to the court for the testimony that led to a mistrial," Kahle said. "It was unintentional and accidental."
Much of Tuesday's morning session was taken up by testimony from Linda Reeves, director of the Sexual Assault Center in Wheeling.
She outlined her involvement in the case beginning in March of 2003 when she was called to the emergency room of Wheeling Hospital in response to a report of a possible sexual assault against a 4-year-old girl.
Jones is charged with eight counts of first-degree sexual assault, nine counts of sexual abuse by a custodian or parent, two counts of use of obscene matter with intent to seduce a minor, two counts of incest and conspiracy.
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Beth123
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06-25-09 9:14 AM
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Sorry it happened but he'll get what he deserves in August. I can't wait...
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Wondering
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06-25-09 8:17 AM
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Just delaying the inevitable. Justice will be served in the end.
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