A judge is expected to decide today whether to declare a mistrial in a case involving a reckless shooting after attorneys learned during the trial of a police email that might have provided evidence for the defendant to argue his innocence.
The defense attorney for DaeQuan Brown, 21, of Kenosha, is asking the case be dismissed with prejudice, meaning the state could not recharge Brown, because potentially exculpatory evidence was withheld.
“The defense believes this rises to the level of prosecutorial misconduct,” defense attorney James Fields-Bowers said. The prosecution argued that the declaration of a mistrial would be more appropriate, which could allow the state to refile charges against Brown.
