Judge Denies Mistrial Motion After Witness Says Defendant Was In Jail

During a murder trial, a judge said July 23 that a witness did not give enough information regarding a defendant’s criminal history to declare a mistrial. 

In 2016, a Grand Jury indicted Gary Proctor, 41,  on charges for first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs in  2015. The crime occurred on the 1300 block of First Street, SW. Proctor and Diggs were cousins. 

Defense attorney, Steven Kiersh, motioned for a mistrial on July 22 after the victim’s brother said Proctor had recently been released from jail.

Judge Dayna Dayson denied the motion, saying the witness did not give enough context and never mentioned what the crime was.

The trial is scheduled to continue on July 24.