RAPID CITY, S.D. (AP) — A Pennington County judge has declared a mistrial in a murder case after discovering that prosecutors failed to inform the defense in a timely manner that immunity had been granted to several key witnesses.
Judge Matthew Brown did not immediately rule on whether the mistrial is with prejudice, which would prevent prosecutors from refiling a second-degree murder charge against Barry Allman. He was on trial in the August 2020 stabbing death of 33-year-old Lance Baumgarten.
The mistrial was declared after it was discovered that the Pennington County State’s Attorney’s Office failed to inform the defense team until Tuesday that it had granted immunity to four witnesses who were present when Baumgarten was stabbed at a Rapid City apartment.