Judge declares mistrial after testimony blunder in Griffin trial

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Judge declares mistrial after testimony blunder in Griffin trial
Arthur MedleyPolicePerry Griffin
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Prosecutors had suspected that outcome after a police investigator during his testimony on Wednesday mentioned one of those suspect not formally charged in the shooting and robbery of Perry Griffin.

DOTHAN, Ala. - A judge declared a mistrial this morning in the murder trial of Jessie Jerome Swain, one of three men accused of murdering a Dothan businessman years ago. Prosecutors had suspected that outcome after a police investigator during his testimony on Wednesday mentioned one of those suspect not formally charged in the shooting and robbery of Perry Griffin .

Defense attorney Arthur Medley had demanded a mistrial, claiming Swain could not receive a fair trial because of the officer’s testimony. Ultimately, Houston County Circuit Judge John Steensland agreed. He set a retrial for March. Griffin died in 2007, but the case went cold, and not until 2020 did police and prosecutors have enough evidence to arrest Swain, Kevin Thornton and Kedrick Fitzgerald Bryant. Thornton pleaded guilty on Dec. 17 to a reduced misdemeanor charge of criminally negligent homicide after reaching a plea deal that included his testimony against his alleged codefendants. Kevin Thornton pleaded guilty Wednesday to a misdemeanor charge of criminally negligent homicide in the 2007 killing of businessman Perry Griffin and agreed toThough Bryant has been named a suspect, police have not formally charged him because he is serving a long stretch in an Alabama prison. He will be charged upon his release. Authorities say Griffin was preparing to leave Panhandle Converter in predawn hours to purchase supplies and was carrying a large amount of cash, as he had on prior occasions. Investigators found evidence at the scene suggesting the suspects may have intended to restrain Griffin and take him to another location. Investigators said Griffin likely resisted, which led to a physical struggle in which a gunshot killed him and $35,000 was stolen.Download the WTVY News4 app to get alerts and stories the moment they are published. Available for FREE in theMissing Enterprise child was hiding in a shed, found after multi-agency searchState seeking no bond for Coffee County woman accused of abusing young childReigning ACCC champions to open season at PCB College Baseball Classic

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