Assistant Attorney General Shelli Neal, the prosecutor, and Assistant Public Defender Douglas Hartig, who represents Iglesias, both moved for a mistrial on the fourth day of the jury trial.
Govendo granted both parties’ request “due to issues regarding discovery and Rule 413 of the Commonwealth Rules of Evidence.”
On Wednesday, Hartig strongly objected to the testimony of a family member of the minor, the victim.
The defense argued that the witness was not part of the discovery, and her testimony was only revealed on the day she testified.
The government witness, a family member of the minor, testified that Iglesias inappropriately touched her three times.
Assistant Public Defender Benjamin Petersburg also represents Iglesias, who is currently out on bail.
Late yesterday afternoon, this reporter went to the offices of Neal and Hartig to request a statement, but was told they were talking to their respective clients.
According to Rule 413, in a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant’s commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.
In a case in which the government intends to offer evidence under this rule, the attorney for the government “shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least 15 days before the scheduled date of trial or at such later time as the court may allow for good cause, the same rule stated.”
This rule “shall not be construed to limit the admission or consideration of evidence under any other rule.”
