Judge Declares Mistrial In Criminal Case Even Before Jury Is Selected
The trial for a 36-year-old Hutchinson man charged with aggravated battery of a law enforcement officer and drugs charges ended with a mistrial before it even really started.
Judge Trish Rose was mentioning the charges with the potential jury pool present, and she accidentally mention that Troy Harris has a prior conviction for possession of marijuana. That’s a no-no and Defense Attorney Kelly Driscoll immediately objected and requested a mistrial. Judge Rose realizing her mistake agreed and declared a mistrial. The jury pool was dismissed and the trial is now rescheduled for December 11.
Harris is charged with a level three offense with a sentencing range of 55-to-247 months depending on his past criminal history, this for the aggravated battery of a law enforcement officer. Other charges include possession of marijuana with a prior conviction and possession of methamphetamine.
Harris was arrested after a traffic stop by Hutchinson Police at 6th & Keast back on November 28, 2011 and they discovered he had an outstanding warrant. As they attempted to take him into custody, he struggled with officers and is alleged to have choked and bit Hutchinson Police Detective Pat Voth. He managed to get away from officer’s a number of times, but was captured each time. He was also alleged to have drugs in the vehicle leading to the drug charges.
Harris is no stranger to the law having served time for drugs in 2005, and indecent liberties with a child for a case going back to 1992.