A judge declared a mistrial and released the jury yesterday in the trial of a Toledo man who was accused in the 1998 beating death of Paul Wiggins.

The ruling was made in the aggravated murder and aggravated robbery trial of Walter Triplett in Lucas County Common Pleas Court because of testimony heard by the panel on Tuesday.

Judge Thomas Osowik said the statement of a witness that Triplett served time in prison for robbery could wrongly influence the jury. Judge Osowikset a new trial for April 4.

Relatives of the 17-year-old victim, who were among those on hand for the third day of the trial, groaned in disappointment when the judge announced the decision.

Triplett, 51, of 1231 Moore St., is accused of killing young Wiggins in an apartment at 3327 North Detroit Ave. Prosecutors said the defendant lived in the home and allowed the victim to sell drugs there.

Carol Spidel, 44, of Toledo testified that she found young Wiggins on Nov. 22, 1998, in the kitchen of Triplett's apartment, several days after Triplett asked to borrow the keys to her car.

She said she provided Triplett with the ignition key but refused to give him the key to the trunk when he asked for it. When Triplett didn't return the car, the woman went to his apartment, finding the victim.

When questioned by Triplett's attorney, Ron Wingate, about how long she knew his client, she replied that she met Triplett after he got out of prison for robbery.

Ian English, an assistant prosecutor, argued yesterday in court that the statement wasn't prejudicial, and that the jury should be told to disregard it.

However, Judge Osowik, who made his decision without the jury being present, said the issue was too serious to instruct the jury to ignore.

Mr. Wingate said outside court that Judge Osowik made the right decision because Triplett's right to a fair trial had been jeopardized.

Triplett was arrested three days after the victim was found in his apartment. He was indicted in the killing, but the case was dismissed in 1999 when a witness refused to testify.

Investigators reopened the case in 2003, and Triplett was indicted later that year after new physical evidence was obtained and new witnesses came forward.

First Published March 3, 2005, 2:00 p.m.