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Judge Declares A Mistrial In Richard McTear Murder Trial

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File photo of a courtroom. (Photo by Spencer Weiner-Pool/Getty Images)

File photo of a courtroom. (Photo by Spencer Weiner-Pool/Getty Images)

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A mistrial has been declared in the case of the man accused of killing his girlfriend’s baby by throwing him out of a moving car. Richard McTear was standing trial for the murder of 3 month-old Emanuel Wesley Murray, if convicted he could face the death penalty.

The judge in the case, William Fuente, declared a mistrial after McTear’s defense made a motion following testimony from McTear’s former girlfriend, Jasmine Bedwell. The statement made by Bedwell had been ruled inadmissible by judge Fuente last year.

“He (McTear) told me he was going to shoot my baby in the face and … and he was gonna kill both of us,” Bedwell told the court on Monday, according to baynews9.com.

The jury will have to be excused in the case, and the court will begin process of selecting a new jury.

No date for a re-trial has been set.

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