Mistrial Declared In Attempted Murder Case - Spokane, North Idaho News & Weather KHQ.com

Mistrial Declared In Attempted Murder Case

SPOKESMAN.COM - A judge has declared a mistrial in the case against a Spokane Valley man who was facing up to 50 years in prison following an attack on his ex-girlfriend and his former best friend.

Superior Court Judge Jerome Leveque halted the trial Wednesday because information that hadn't been provided in advance to the lawyer defending 29-year-old Don R. Davis was given to jurors considering his guilt or innocence. The information came from a prosecution witness who testified that Davis had admitted to possessing a gun that investigators said was used in a drive-by shooting as part of the case.

Defense attorney Rob Cossey objected because that information had not been presented to him by the witness or by Deputy Prosecutor Gayle Ervin in preparation for the trial.

"It was completely out of the blue. It was out of the witness's mouth before I could do anything," Cossey said. "I asked for a mistrial and the judge granted it."

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