COURT HOUSE — Defense attorney Mary Pfeifle, earlier Friday, asked Superor Court Judge Raymond A. Batten for a mistrial in the murder case of Gerald Daniels due to a late receipt of a 38-page report from a prosecution witness.
Batten denied the mistrial request but said he was, “deeply troubled by the late arrival of the document.”
Pfeifle said the missing report from State Police scientist Raymond Klama put the defense at a “great disadvantage” because its experts were unable to review the document in preparing testimony.
The defense received the report July 26 and will have more than a week to review it before Klama is called as a witness on Aug. 7.
The jury was not brought into the courtroom until 10:55 a.m., when the mistrial request was cleared up.
They heard testimony from two other state police scientists regarding the DNA evidence found at the scene of the crime.
Daniels, 39, who is mentally disabled, is charged with June 16, 2004 murder in the slaying of Wallace Savitz, 81. Daniels was also a resident at Sandman Towers at the time.
