CHESAPEAKE, Va. Chesapeake Circuit Court Judge Randy Smith on Thursday refused a defense motion for a mistrial in the case of 21-year-old James Boughton Jr., a Deep Creek man accused of killing a Mormon missionary and wounding another in 2006.
The attorney, Andrew Sacks, argued that the prosecution had failed to turn over evidence in a timely manner on several occasions.
"These violations are incurable," he said.
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