Judge Declares Mistrial In Criminal Case Even Before Jury Is Selected

Posted 3 years ago

By News Staff

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.

6 responses to “Judge Declares Mistrial In Criminal Case Even Before Jury Is Selected”

  1. omg says:

    Seriously! How does a judge not know this?! So just more $$ out of the taxpayer’s pockets!! Ridiculous!

  2. I hope you are happy says:

    I knew she was incompetent as an attorney when she was running for her seat. Then she screwed my family over in a custody case, releasing a child to am abusive home despite the state’s objection…. How many more screw ups will we tolerate?

  3. Tom says:

    She needs to go. She has made so many mistakes and questionable decisions in her short time as a judge. I sure hope someone will run against her in 2 years, other than McEwen.

  4. Ex Client says:

    Terrible lawyer equals an even worse judge!!! She represented me in my divorce and I used her because I “thought” she was a woman’s rights advocate. She just pretends to advocate for domestic violence victims to make her resume look good. I totally got screwed & she could’ve cared less. My ex husband committed several contempts of court & she didn’t notice. I had to tell her myself & she still did nothing about it! What a joke & disgrace! I’m shocked & amazed the people of Hutchinson voted for her to be an “honorable” judge. Lol! What a joke!

  5. Fair Judge says:

    I appreciate a Judge who can admit when she has made a mistake and is willing to take steps to correct it. Judge Rose is a fair judge and there is nothing wrong with that.

  6. Tom says:

    She may be fair, but she’s also not very bright.

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