Breaking Update: A judge has declared a mistrial in the murder of a 3-year-old boy in Brevard County.
Judge Steve Henderson said:
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“Discovery is black and white. It says subsection B, prosecutor discover obligations and then under subsection D: any written or recorded statements and the substance of any oral statements made by a defendant. Period. It doesn’t get any clearer than that. The state is required to turn over any co-defendant statements and the state has failed to do that.” Henderson said. “I don’t know why the state failed to do that but you know it did. It is a discovery violation so the courts going to look at the factors. The courts going to find that it was a willful violation, willfully failed to provide