The retrial of Christopher Strawn on murder and other charges related to the death of Brandon Cook will likely go ahead as planned in October. The judge in the case has rejected a motion filed by Strawn’s defense attorney to dismiss the indictment.
Online court records show Superior Court Judge Philip Pallenberg denied the motion on March 14.
Strawn faces a variety of charges including first- and second-degree murder for the shooting death of Cook at the Kodzoff Acres trailer park in October 2015. The prosecution was in the midst of making its case against Strawn during February’s trial when a key witness made an unsolicited and extremely prejudicial comment about domestic violence in a previous relationship with Strawn. The prosecution witness was initially called to the stand to testify about Strawn’s ownership of a firearm that could have been the weapon used to kill Cook. Judge Pallenberg granted a motion for a mistrial and the jury was sent home.
Strawn’s defense attorney, Eve Soutiere of the Office of Public Advocacy, immediately filed a motion to dismiss the indictment. In her filing, Soutiere argued that double jeopardy prevents re-prosecution of a case during instances of prosecutorial misconduct. Soutiere alleged that Assistant District Attorney Amy Paige, the case’s prosecuting attorney, was negligent when she failed to adequately prepare the witness for her testimony. Soutiere also alleged that Paige failed to ensure that the witness would not blurt out any prejudicial comments.
In her reply to Soutiere’s motion, Paige noted that they cautioned the witness twice about answering only the questions she was asked and not to volunteer any information about her relationship with Strawn. Paige also noted Judge Pallenberg had admonished the witness before she testified against volunteering any information. Paige wrote that they went to great lengths to avoid a mistrial and disputed the allegation that their conduct was negligent or reckless.
Soutiere also requested an evidentiary hearing to determine exactly how much time prosecutors spent preparing the witness for her testimony. Judge Pallenberg denied that motion, too.
A retrial is scheduled to start Oct. 2.