CHESAPEAKE
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.
Portions of Boughton's video-recorded interview, pieced into a DVD by the prosecution Wednesday night, was at the center of the dispute. Deputy Commonwealth's Attorney D.J. Hansen said that while much of the interview was inadmissible, he had prepared the video using what was.
Sacks argued that statements made by his client could be misconstrued when taken out of context, that the defense had the right to view the DVD before it was presented to the jury, and that he was taken by "complete surprise."
"I cannot allow this client to be bulldozed," he said.
Sacks had asked for a delay on Nov. 10 because he was "caught totally off-guard" by evidence turned over to him by the prosecution at the start of the trial.
Smith also denied that request.
"They've had the tape for two years," Hansen said. The fact that the defense was unprepared "is not our problem."
The Mormon missionaries, Joshua Heidbrink of Greeley, Colo., and Morgan W. Young of Bountiful, Utah, were proselytizing door-to-door on the night of Jan. 2, 2006. The prosecution contends they unwittingly walked into the middle of a dispute over drugs.
Heidbrink was shot in the shoulder. Young, 21, died from a 9 mm gunshot wound to the head.
Boughton is charged with first-degree murder, malicious wounding, attempted malicious wounding and three counts of use of a firearm.
Sacks on Thursday cross-examined Mario Felton, one of the prosecutions's key witnesses. Sacks sought to portray the 19-year-old as erratic in statements he gave to police and in earlier testimony.
The trial resumes today.
The prosecution is expected to rest its case after the Thanksgiving holiday.
Kristin Davis, (757) 222-5555, kristin.davis@pilotonline.com
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