REGINA – Two weeks of testimony has been thrown out because of a missing page of notes.
A Court of Queen’s bench judge declared a mistrial Thursday in the second degree murder case against James Myers.
The notes contained information about someone who had previously been represented by the defense lawyers’ office – and it was those lawyers who applied for the mistrial because they couldn’t ethically represent the defendant.
Myers, 20, is accused of killing his mother. Rachel Shepherd, 46, was found dead inside of a Regina apartment on June 1, 2013.
Over the course of the trial, which began on February 5, court heard some graphic details including a 911 call. Myers often sat with his head in his hands as the jury was shown autopsy photos with significant bruising on the victim’s body.
Crown attorneys hope a retrial will come as soon as possible.
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“The courts are aware of the fact this is a mistrial. Mr. Myers has been in custody since this offense happened … there would be need for an early trial date,” said Kim Jones, senior Crown prosecutor.
Before a retrial, Myers will have to find new lawyers to represent him.
Then the two sides will determine how to, essentially, begin the trial all over again during a pre-trial hearing on March 3.
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