Again today, court has let out early because no more witnesses were in Abingdon, ready to be called to testify. "It is proceeding faster than we had all estimated," Circuit Judge Ray Grubbs told jurors before letting them go just before 4 p.m.
He assured them they wouldn't be getting out as early next week. "We're competing with the race in Bristol next week," Grubbs said, so he plans to keep them late each day to wrap up the trial before the week's end.
After jurors left, defense attorney Tony Anderson moved for a mistrial, citing a small piece of the testimony of Blacksburg police officer Ryan Hite.
Hite testified that after he read Morva his Miranda rights, advising him of the right to remain silent, he asked Morva if he wanted to talk to him and other officers. Morva, he said, shook his head back and forth.
Anderson immediately objected to that testimony, saying Morva can't be penalized for exercising his Fifth Amendment right. Grubbs told jurors to disregard it.
After Anderson moved for a mistrial, Commonwealth's Attorney Brad Finch objected. Prosecutors had not asked Hite for that statement, he said; Hite volunteered it and it was immediately stricken from the record.
Also, Finch noted, officers had testified that Morva later -- after being read his rights -- volunteered a statement, telling officers "I never meant to hurt anybody."
And, Finch said, officers also testified that Morva later corrected that statement, telling two officers after being read his rights a second time: "What I said was I didn't mean to hurt your friend."
Grubbs overruled the motion. "I believe there's been no hindrance of the defendant's constitutional rights as suggested," he said.
No comments yet