Judge Frederick McDonald declared a mistrial in the murder trial of Charles McDonald after two days of testimony in the case.
Judge McDonald issued the mistrial after learning hair found at the scene had not be tested by the Bureau of Criminal Investigations regional lab in Bowling Green. McDonald s attorney Ronnie Wingate, who asked for the mistrial, said he did not receive a report that the hair had not been tested until this morning.
Assistant prosecutor Ian English said the report was not communicated to his office until this morning and said it was an oversight.
McDonald is accused of the September, 2006 murder of Ericka Graham. Ms. Graham s body was found in her Brand Whitlock apartment by her children with a bullet wound to the head.
The jury had heard testimony since Monday on the case but was discharged this morning after the case was declared a mistrial. Mr. English said it could take two to six months to complete the test on the hair.
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