UPDATE (7:10 p.m.): A District Attorney’s office spokesman Wednesday evening said the mistrial was declared after the bailiff improperly looked at a juror’s notepad then passed the information to the prosecutor.
When she learned the source of the information, the prosecutor told the bailiff the notepad should not have been viewed or its contents shared and said they must inform the court.
The judge found that no prosecutorial or court misconduct had occurred and that neither side received an unfair advantage due to the “relative insignificance” of the information, said Assistant District Attorney Joseph Kinzel. Nevertheless, the judge declared a mistrial at the request of the defense, “recognizing that even the perception of unfairness is worthy of guarding against,” Kinzel said.
A different bailiff will be assigned for the retrial, he added.
BAKERSFIELD, Calif. (KGET) — A judge has declared a mistrial for a man accused of fatally shooting his father.
The trial for Edward Pull came to an end Wednesday and a hearing is scheduled next week to schedule a date for retrial, according to court records.
It was not immediately clear what led to the mistrial.
Pull, 35, is charged with first-degree murder and eight other felonies in connection with the Dec. 11, 2017, shooting of his father and assault of his mother. His father, Edward W. Pull, 67, died a week after he was shot.
Investigators said in court documents Pull shot his father during an argument then struck his mother with the butt of a rifle when she tried to call 911. He disconnected phones in the house and picked up shell casings, cleaned the residence and forced his mother to take a shower in an attempt to get rid of evidence, according to the documents.
Two hours passed before Pull let his mother call 911, allowing her to make the call only after her parents agreed to tell police a masked robber was responsible, the filings said.
Once she had been taken to a local hospital, Pull’s then-65-year-old mother told police she and her husband had been forced to lie to police and that her son was the person who attacked them. She told police Pull has a history of methamphetamine abuse and had previously attacked both her and her husband.