RAPID CITY, S.D. (AP) - A judge overseeing the resentencing of
an Alaska man who helped murder a South Dakota man 11 years ago has
refused to declare a mistrial.
An attorney for Briley Piper moved for a mistrial Wednesday
after a prosecutor asked a prison warden if inmates could watch TV.
Defense attorney Robert Van Norman said it ventured into an area
Judge Jerome Eckrich had ruled off limits. Prosecutor John
Fitzgerald said it was a general question.
Eckrich said Fitzgerald "stepped over the line" but it didn't
warrant a mistrial.
The trial will determine whether Piper gets death or life in
prison for his role in the 2000 murder of 19-year-old Chester
Poage. A judge earlier sentenced Piper to death but the state
Supreme Court ruled a jury should have sentenced him.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
AP-NY-07-21-11 0904EDT
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