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Second mistrial declared in Buzbee case

Updated: Thursday, 27 Aug 2009, 11:00 AM CDT
Published : Friday, 21 Aug 2009, 5:14 PM CDT

BAY MINETTE, Ala. - A judge declared yet another mistrial, on a murder case that's gone on for almost two years. This is the second trial for Eric Buzbee, who's accused of fatally beating Spanish Fort service station owner Bobby Wilson.

On Thursday, Judge Jame Reid and a jury heard opening statements. But Friday morning, before testimony began, Judge Reid declared another mistrial in the case.

Michael Pylatt, the state's attorney, claimed that Buzbee's attorney revealed new evidence to them Thursday evening via email, just hours before day two of the trial began. The prosecution said they weren't given enough time to evaluate, or gather information to rebut the new evidence.

"The defense did not comply with the rules of the court and submitted us some very vague evidence after the trial had started. It is important, as we all begin this trial, to know what the evidence is for both sides, and for both sides to have an opportunity to examine it and present it thoroughly to the jury," said Baldwin County District Attorney Judy Newcomb.

The new evidence was a forensic pathologist, which was called in to testify for Buzbee. Judge Reid asked the defense if it were necessary to hear the witnesses testimony.

"He's absolutely vital to the defense's case, and he's vital to the search for the truth in this case," said John Beck.

Buzbee's attorney said he didn't share the evidence with the prosecution team before Thursday night because he didn't have it before then.

"I shared it as soon as I got the opinions from the doctor. I shared with them all the information that we got as soon as we got it. We don't stop searching for the truth just because a trial has started," said Beck.

While the Wilson family says it's extremely difficult for them to go through the trial process again, they say they're glad the state will have ample time to examine all evidence so they're fully prepared for the next trial.

"It's just hard for the family. I think Michael and Trent and the D.A.'s Office is doing a good job to make sure we get a fair trial. Just keep my dad in memory, because it's all for him," said Wilson's daughter, Tracey Goins.

Judge Reid has set Buzbee's third trial for October.

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