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You are at:Home»State News»Improper Evidence Leads to Mistrial

Improper Evidence Leads to Mistrial

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By KMAN Staff on October 24, 2012 State News

OSKALOOSA, Kan. (AP) A judge in northeastern Kansas has declared a mistrial in an attempted murder case because jurors saw improper evidence.

Jefferson County District Judge Gary Nafziger ordered the mistrial Wednesday in the attempted murder trial of John Hayworth Jr., 62, of Valley Falls. The Lawrence Journal-World reports that Hayworth is charged in the December shooting of William Schoonover, 58, also of Valley Falls.

The trial, which opened Monday, was declared a mistrial after jurors watched a DVD containing footage that should have been redacted. Jefferson County Attorney Jason Belveal says a redacted copy had been made, but the jury was inadvertently shown the incorrect version.

The judge set a Jan. 24 court date to reschedule the trial.

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