Mistrial in Capital Murder Case

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Opening arguments were set to begin Tuesday in the Chad Davis capital murder trial. Davis is charged with planning the murder of Tommy Andrade in the summer of 2003. But the trial didn't begin as planned.

Brazos County District Attorney, Bill Turner, and defense attorney, Dan Cogdell, spent most of Monday questioning over 60 potential jurors to serve on the Chad Davis capital murder trial. By the end of Monday they had chosen 12 jurors and one alternate.

Turner was eager to begin the Chad Davis capital murder trial on Tuesday. But it didn't happen. Two jurors said they'd be unable to deliver a verdict in the case, prompting Judge J.D. Langley to declare a mistrial.

" We were prepared to go to trial. We had all the witnesses lined up. We've flown people in from all over and it's kind of a let down when you prepare for trial and then have to start over," said Turner.

The county had already spent nearly $10,000 on the trial including traveling and hotel arrangements for several out of state witnesses. Some of that money will be lost due to the setback.

" I have been trying cases now for over 25 years and this is the first time we've had a situation where the whole case had to be canceled and start fresh based on a jurors inability to participate," said Turner.

Setbacks like this one ultimately cost county tax payers. Turner says in the future, more time will be set aside to give jurors the opportunity to speak up if they can't serve on a jury.

The mistrial will also affect the docket in Judge Langley's courtroom. Two weeks were set aside for the trial.