ICE CREAM MAN MURDER TRIAL | Mistrial? "You can't unring this bell." Defense Requests A Mistrial

AGREE OR DISAGREE: "You can't unring this bell." Defense attorney calls for a mistrial in case of the ice cream man accused of revenge murders.

FL v. KEETLEY: Defense Attorney Calls for A Mistrial

Judge Sabella denied the mistrial motion, saying he considers Wesley Smith’s testimony about the availability of gun modification kits is an “observation” that is not specific to the facts of the case. Sabella points out that Smith did not say that a specific kit would convert a Glock handgun into a weapon that looks like a pump-action shotgun, which would have touched on the state’s theory of the weapon.

Sabella points out that the defense still has the opportunity to cross Wesley Smith about his testimony regarding gun modification. BUT Sabella agrees it puts the defense “at a disadvantage” and is going to give the defense time to depose witness Wesley Smith in preparation for cross.

As for the second issue in the motion – Wesley Smith’s testimony that Keetley talked to him about what Smith “could do as a machinist to guns” – ASA James Pruner admitted during arguments that it was a discovery violation and suggested that the judge issue a curative instruction. Judge Sabella agrees it was a discovery violation and says he will give a curative instruction.

An ice cream truck owner is facing a life sentence for alleged revenge murders nearly 10 years ago that claimed the lives of two innocent men.

Michael Keetley, 48, is accused of fatally shooting brothers Juan and Sergio Guitron on Nov. 25, 2010, in Ruskin, Fla. He is also accused of the attempted murder of three others in the Thanksgiving Day shooting rampage.

It was later determined all seven men had nothing to do with the initial attack on Keetley.

WATCH COURT TV LIVE:

WATCH TRIALS ON DEMAND:

I WANT MY COURT TV: