PERRY, Georgia (41NBC/WMGT) – The defense attorney for a man accused of murder nearly three decades ago, asked the judge for a mistrial.
Wednesday, is the second the day of the Timothy Johnson murder trial. Johnson is accused of killing Teresa Stanley during an armed robbery of a convenience store on Sept. 14, 1984.
Johnson's attorney Stacey Morris abruptly objected to Houston County Deputy Chief Assistant District Attorney, Daniel Bibler questioning of former Warner Robins Police Lt. Mack Derrick.
Derrick was testifying about gathering evidence in the case, two nights following the shooting, when Morris asked Houston County Superior Court Chief Judge, George F. Nunn Jr., for the mistrial.
Morris reminded the judge prior to Derrick's testimony they had just held a "Jackson-Denno" hearing surrounding validity of Johnson's testimony. Morris told Judge Nunn, Derrick was giving testimony based on other police officer's reports rather than his reports.
The seven men and seven women that make up the 12 member jury, along with two alternates were not present for the hearing.
However, the jury was in the courtroom when Morris moved for the mistrial. The superior court judge denied the mistrial motion.
Morris told the court Johnson was unaware of what he was signing, when he waived his rights to have an attorney present while he was being questioned by police. She told the jury Johnson was questioned by police for six minutes from 3:40 a.m., until 3:46 a.m., on Sept. 15, 1984.
"Nobody has a copy of the taped interview," said Morris. "It's missing isn't it?"
Lt. Derrick told the court most of the evidence in the 30 year old case is missing.
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