Defense motion for mistrial denied in De'Marquise Elkins trial

6:02 PM, Aug 21, 2013   |    comments
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COBB COUNTY, Ga. -- The murder trial of a Brunswick teenager entered the first full day of testimony Wednesday, and was marked by dramatic testimony and legal maneuvering.

At about 2:30 p.m., the defense in the Elkins trial asked for a mistrial, apparently over concerns about facial expressions being made by prosecutors.

Following the motion, Superior Court Judge Stephen Kelley held a sidebar discussion with lawyers from both sides at the bench. At the conclusion of that discussion, the judge sternly warned key players to refrain from making facial expressions that could be seen by jurors.

"Mr. Gough, motion for mistrial is denied. I do instruct all counsel to refrain from any audible comments, facial gestures or anything that could disrupt the re-examination of a witness. Mr. Gough, you may process. Thank you your honor," said Judge Kelley.  

The testimony continues in the case with the state presenting.

De'Marquise Elkins is charged with shooting and killing 13-month-old Antonio Santiago in his stroller.

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