Defense asks for mistrial in Carroll County trooper case
CARROLLTON, Ga. (FOX 5 Atlanta) - A judge will decide Friday whether to declare a mistrial in the case of a former state trooper accused of crashing into a car and killing two teenage girls.
Defense counsel for Anthony J. Scott made a motion Wednesday for a mistrial after they said they discovered this week that the prosecution withheld some information they believe was important in the case.
"We do not do this lightly. I am not doing this flippantly," said Attorney Mac Pilgrim.
Scott is charged with speeding, reckless driving, serious injury by vehicle and vehicular homicide after investigators said he was driving 90 miles per hour when he crashed his patrol car into a sedan with four teenagers inside.
RELATED: Carroll County jury continues deliberating through deadlock in former state trooper's trial
Kylie Lindsey, 17, and Isabella Chincilla, 16, died in the crash. Dylan Wall and Benjamin Finken sustained serious injuries but survived.
The defense told the judge that the prosecution never notified them that two of the state troopers who investigated the crash developed a theory that Lindsey may have leaned into the front seat before the collision. The prosecution argued that the troopers did not know exactly what happened inside that car or when and whether it would have impacted the outcome of the crash.
Carroll County Superior Court Judge John Simpson said he would consider both sides' arguments Thursday and he asked jurors to return for more deliberations on Friday at 1 p.m.
This comes after jurors told Judge Simpson twice Tuesday that they were deadlocked and he instructed them to take more time to deliberate.