Judge denies mistrial requests in aggravated rape case
Last Modified: Tuesday, June 26, 2012 11:57 AM
By Taylor Prejean / American Press
Defense attorney King Alexander on Monday moved twice for a mistrial during the aggravated rape trial of Brandon Keith Duhon. Duhon, 33, is accused of having sexual contact with an 8-year-old boy. Before court began Monday, Judge Mike Canaday questioned a juror and witness after learning that they were related. Both the juror and the witness said they were only distantly related and that their relationship would have no bearing on their roles in the case. Alexander moved for a mistrial, claiming that the relationship could affect the juror’s ability to remain fair and impartial. He said the juror could not be dismissed, because Canaday already replaced one juror with the only alternate. Prosecutor Cynthia Guillory said Alexander’s claims are not grounds for a mistrial under the law and that the juror told the court under oath that she would base her decision solely on the evidence. Canaday denied Alexander’s motion for mistrial and said he was satisfied that the juror could remain fair and impartial. Alexander’s second motion for mistrial came during the testimony of the alleged victim’s “nanny,” whom he was living with when the alleged abuse occurred. Her testimony revealed that Duhon lived in her home on a few occasions, but that she had to ask him to leave the last time he stayed with her. When Guillory asked why she asked him to leave, the witness mentioned that, among other things, she didn’t like Duhon’s “use of drugs.” Alexander claimed that the reference to drug use prejudiced his client in the jurors’ eyes, and a mistrial was the only recourse. He said he should have been notified beforehand if Guillory intended to introduce other-crimes evidence. Guillory said the witness’s answer did not specifically point to criminal activity and that instructing the jurors to disregard the comment would be sufficient. Canaday agreed that admonishing jurors to ignore the comment was a fair remedy. In his ruling, the judge said he did not believe Guillory deliberately tried to elicit that response and denied Alexander’s motion. Jurors also heard from the alleged victim, now 10 years old, who took the stand and identified the defendant as the man who sexually abused him. He also told jurors in detail about what Duhon allegedly did to him. The child indicated that two other people tried to have sexual contact with him at a different time, but that Duhon was the only one who penetrated him. Previous testimony revealed that there is still an investigation into the other two alleged perpetrators. The defense is expected to begin its arguments today. Court resumes today at 9 a.m. If convicted of aggravated rape, Duhon faces a mandatory sentence of life in prison without parole.
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