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Mistrial declared in Fenn case

Updated: February 7, 2013
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Update: 5:02 pm
URBANA -- There's another twist in the shooting death of a witness. Ardis Fenn was in court Thursday. He's accused of shooting that witness in the leg last summer. But, now it's back to square one. WCIA-3's Jessica Shaw has more.

The judge declared a mistrial. Jurors were polled on whether they heard any of the latest developments in the case. Several said they had and didn't know if they could stay unbiased.

Judge Thomas Difanis talked to all twelve jurors and two alternates. Three told him they had either seen newspaper headlines or overheard talking at work that 23-year old Ardis Fenn was involved in the shooting death of 29-year old Curtis Mosley Monday night.

Mosley was shot in the leg in June allegedly by Fenn. He was supposed to testify against Fenn when his trial started, but was killed the night before.

Judge Difanis decided to send all the jurors home saying, "I think, quite frankly, the stakes are too high. I'm going to grant a mistrial." He went on to say, "I have never run into this situation before. This is a new one for me too."

Here's why. Mosley was found dead Monday night in Urbana. Fenn was on the run. He turned himself in Wednesday. Plus, two witnesses told the court Fenn was the shooter.

So far, Fenn has not been charged with Mosley's death. Prosecutors are staying tight-lipped in light of the mistrial.

At this point, they'll all be back in court Monday. Fenn is currently charged with aggravated battery from the shooting in June.

He's being held on $10 million bond. No word yet whether he'll be charged in Mosley's death at a later date.

Original: 10:00 am
URBANA -- The trial for a man accused of aggravated battery for a shooting in June has been declared a mistrial. Ardis Fenn turned himself into authorities Wednesday afternoon after failing to show up for the start of his trial Tuesday. A key witness and Fenn's alleged shooting victim, Curtis Mosley, was gunned down at his home Monday night.

The judge admonished jurors to avoid news concerning the murder, but it was decided in court Thursday jurors had been exposed to too much information. Three of the 14 jurors questioned by Judge Tom Difanis stated they could no longer be impartial. Parties are trying to reschedule the trial for Monday.

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Comments

So whats going to happen now?

Stephanie E. February 7, 2013 at 1:38 pm



The State's Attorney's office here is a joke.

michael w. February 7, 2013 at 11:42 am

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