The second trial for murder suspect Robert Torian has ended in an abrupt mistrial Tuesday morning after a slip-up during witness testimony.
The objection came after a question from special prosecutor Dennis Foust resulted in a witness on the stand revealing information that had be previously ruled to not be permissible at trial—after a fast objection from Torian’s defense attorneys and a lengthy bit of discussion, Judge Andrew Self informed the jury that he had no choice but to declare a mistrial.
A pretrial hearing was set for May 8, with Judge Self saying it is his hope that this case will be either resolved outside of trial by then, or they’ll set another trial date at that time. Defense attorney James Chamberlain made a plea that his client be released on an ankle monitor, as he has had two mistrials through no fault of his own and his been in jail for five years while maintaining his innocence.
Judge Self denied that request, saying that Torian is still indicted on a murder charge and there’s still significant evidence to be considered.
The judge says they can discuss bond at the pretrial hearing, but it is his intention to have a new trial date set as quickly as they possibly can, if they’re unable to come to a resolution.
Torian is accused in the fatal shooting death of Terrill Moore on McHenry Street in 2019.