by Pat Peterson
Published: Fri, August 21, 2009 - 5:55 pm CST
Last Updated: Fri, August 21, 2009 - 7:35 pm CST
For the second time in less than three months, a Baldwin County judge declared a mistrial in the Eric Buzbee capital murder case. Buzbee, accused of robbing and beating Spanish Fort businessman Bobby Wilson to death two years ago, showed no emotion in court as Judge James Reid declared the mistrial.
At 7 o'clock Thursday night, just hours from the state calling its first witness, Buzbee's attorney notified the district attorney's office about a last-minute expert witness he planned to put on the stand. Attorney John Beck was going to call a doctor who claimed he could prove Buzbee was not the killer. But prosecutors told the judge they weren't prepared or ready for a last-minute witness and asked the judge to declare a mistrial.
" The defense did not comply with the rules of the court and submitted us some very vague evidence after the trial had started, we asked for additional time to look at the evidence, the court was not inclined to do so so we had no choice but to ask for a mistrial," says Baldwin County District Attorney Judy Newcomb.
Beck says his witness was crucial to case.
"He's absolutely vital to this case and he's vital to a search for the truth in this case," says Beck. "To continue this case and to declare a mistrial just keeps Eric in jail for another two months. This case needs to go away."
"It's disappointing because of the wear and tear on the Wilson family And it was totally unecessary," says Newcomb.
The new trial will be held sometime in October.
Buzbee Capital Murder Trial Round Three
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