{"id":50529,"date":"2020-11-09T10:41:47","date_gmt":"2020-11-09T17:41:47","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/mistrial-declared-in-mark-redwine-trial\/"},"modified":"2020-11-09T17:41:47","modified_gmt":"2020-11-09T17:41:47","slug":"mistrial-declared-in-mark-redwine-trial","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/mistrial-declared-in-mark-redwine-trial\/","title":{"rendered":"Mistrial declared in Mark Redwine trial"},"content":{"rendered":"\n

\"Wilson\"
Wilson<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

A mistrial has been declared in the trial for Mark Redwine after his defense lawyers said members of their team had COVID-19 symptoms.<\/p>\n

On Monday, Redwine\u2019s public defenders \u2013 Justin Bogan and John Moran \u2013 asked for a mistrial because of the need to quarantine.<\/p>\n

In response, 6th Judicial District Attorney Christian Champagne, the lead prosecutor in the case, questioned whether the defense team was \u201cintentionally\u201d trying to delay the trial.<\/p>\n

Champagne said Moran was seen with another person and no mask during a time Moran should be in quarantine.<\/p>\n

\u201cThat certainly undercuts their position,\u201d Champagne said.<\/p>\n

Moran chose not to respond to the allegation, other than to say he was in his yard without a mask. In the lead-up to the trial, Redwine\u2019s public defenders tried multiple times to delay the trial citing COVID-19 concerns<\/a>. All were denied.<\/p>\n

District Judge Jeffrey Wilson, overseeing the case, went into recess Monday morning, but in the afternoon declared a mistrial.<\/p>\n

\u201cThe Court, for the reasons stated on the record and without making any findings as to the veracity of the allegations, finds that even if such allegations are true, the Court has no choice but to grant D-180 and declare a mistrial to ensure that Mr. Redwine has effective assistance of counsel,\u201d Wilson wrote.<\/p>\n

Champagne did not respond to a request for comment.<\/p>\n

The mistrial effectively cancels the long-awaited trial, which started Oct. 29 and was still in the jury selection phase.<\/p>\n

The future of the trial of Redwine, accused of killing his 13-year-old son, Dylan, in 2012, was already uncertain amid concerns about COVID-19.<\/p>\n

On Thursday, Wilson temporarily suspended proceedings<\/a> after he woke up with mild symptoms associated with the coronavirus. But blood and nasal swab tests both came back negative, Wilson said Monday.<\/p>\n

But on Monday, Redwine\u2019s public defenders said members of their team also have COVID-like symptoms.<\/p>\n

Bogan said his office is awaiting test results for his staff members, though one member did test negative.<\/p>\n

\"The
The judge in the trial for Mark Redwine, who is accused of killing his son, was declared a mistrial Monday after the defense team said members of its team had COVID-like symptoms, forcing them to quarantine.<\/span>Durango Herald file<\/span><\/figcaption><\/figure>\n<\/p>

Bogan argued that regardless of the outcome of the tests, members of his team are advised by health regulations to quarantine for 10 to 14 days from when symptoms were first noted, which was Thursday.<\/p>\n

\u201cI believe that puts us in a position of requesting the court to declare a mistrial at this time,\u201d Bogan said.<\/p>\n

Champagne said he believed jury selection could safely continue. He said that at a minimum, the trial could be delayed a few days until test results are received.<\/p>\n

The trial for Redwine has been postponed and delayed numerous times over the years, resulting in the Vallecito man being detained at the La Plata County Jail for three years.<\/p>\n

\"Mark
Mark Redwine and his defense lawyer, Justin Bogan, appear in this August 2017 file photo.<\/span>Jerry McBride\/Durango Herald file<\/span><\/figcaption><\/figure>\n
\"Dylan\"
Dylan<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

Elaine Hall, Dylan\u2019s mother, spoke Monday in support of continuing the trial, informing Wilson of how hard the situation has been on her and her family.<\/p>\n

\u201cWe are victimized over and over again,\u201d she said. \u201cI beg of you, judge, keep this trial on track.\u201d<\/p>\n

Wilson, for his part, empathized with Hall and her family.<\/p>\n

\u201cI know this is affecting your lives, I know your lives have been on hold since 2012,\u201d he said. \u201cI can\u2019t imagine the pain of losing a brother or son. \u2026 I just can\u2019t imagine it.\u201d<\/p>\n

Redwine was arrested in July 2017 in connection with Dylan\u2019s death. He has been in custody ever since at the La Plata County Jail awaiting trial.<\/p>\n

A status conference was set for 11 a.m. Nov. 13.<\/p>\n

jromeo@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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