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Defense requests mistrial in soldier's capitol case

POSTED: May 16, 2011 7:48 a.m.

The murder trial of Fort Stewart soldier Sgt. Joseph Bozicevich was interrupted this week when the defense requested a mistrial because the prosecution failed to share information with them concerning Staff Sgt. Darris Dawson, one of the victims in the case.

Military Judge Col. Tara Osborn denied the motion for mistrial late Friday, ruling that information about a 2004 altercation that might have involved a gun was inadmissible, according to Fort Stewart spokesman Kevin Larson.

Larson said Osborn reprimanded the prosecution and labeled their failure to disclose the new information as “gross misconduct.”

The judge reasoned that the new information also would confuse the jury, according to Larson, and added that the accused, Bozicevich, had no knowledge of the alleged incident, which took place four years before the shootings.

Osborn will issue a written ruling Monday, when the trial resumes, according to Larson.

Bozicevich, 41, of Minneapolis, Minn., is charged with two counts of pre-meditated murder in the deaths of Dawson and Sgt. Wesley Durbin. He is accused of shooting and killing the two men Sept. 14, 2008, while all three were deployed to Patrol Base Jurf at Sahkr, Iraq.

 

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