The one-day trial of Eddie Self on a charge of molestation ended Thursday in a mistrial after one of the witnesses claimed the accused had served time in prison.
A mention of previous time served could make Self seem like a criminal and cause the jury not to consider all the facts in this particular case, explained Assistant District Attorney Brad McCullouch.
But, he added, just because a witness said it doesn't mean that Self served time.
"I am extremely disappointed with the ruling in this instance," he said today. "We'll absolutely be trying it again."
Self was indicted by a grand jury last October for allegedly touching a 10-year-old girl.
The declared mistrial came late in the afternoon, after prosecutors and the defense attorney had selected a jury and presented some witnesses.
The state, represented by District Attorney Joyce Chiles and McCullouch, called five witnesses to testify against Self.
McCullouch said a new trial likely will be scheduled for April 3.
Four witnesses said Self was intoxicated at the time of the alleged crime.
Melanie Carter, one of the prosecution's witnesses who lives with the victim, said she saw Self with the child and that the child appeared "confused."
Carter testified that she had accused Self of molesting the little girl and said she attacked the man with a stick until he left the property.