Judge declares mistrial in Beach murder case

VIRGINIA BEACH

A judge declared a mistrial Wednesday in the case of a Texas man charged with the slaying of his sister's roommate in Virginia Beach.

Circuit Judge H. Thomas Padrick Jr. made the ruling because jurors heard about defendant Tony Smith's previous criminal record during an interview with a detective that was played in the courtroom.

Defense attorney James Broccoletti asked for the mistrial, arguing that any introduction of a defendant's criminal record is not permissible unless the defendant testifies.

"We can't presume that they didn't hear the tape," he said.

Prosecutor Scott Lang said that transcripts of the interview that were provided to jurors did not include that disclosure.

But he agreed that the information about Smith's record should have been redacted. Smith has a prior felony conviction for driving under the influence.

Smith is facing charges of first-degree murder, aggravated malicious wounding, and conspiracy in the slaying of Lettrelle Thornton, 69.

She was found beaten and strangled March 1, 2008, in the home she shared with Smith's sister, Pamela Campbell.

Campbell is not facing charges in the case.

A date for a new trial has not been set.