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Near Mistrial In Stallworth Trial
April 28, 2011
There was nearly a mistrial Wednesday in the trial of Billings murder suspect Donnie Stallworth when a star witness almost refused to testify.
Donnie Stallworth is facing two counts of first degree murder in connection with the shooting deaths of the Beulah couple in July 2009 — one of seven people charged in the double murder. The former Air Force staff sergeant went on trail last month, but a judge declared a mistrial after a jury could not decide his fate during nine hours of deliberations.
Tuesday, co-defendant Rakeem Florence testified against the Brewton man in his second trial, claiming that Stallworth picked up a gun while inside the Billings home. Florence pleaded to a lesser charge of second degree murder under an agreement to testify against other defendants, including Stallworth.
But Wednesday, Florence did not want to testify, telling prosecutors that he wanted to withdraw his plea. Florence’s attorney was called, who in turn called Florence’s mother. A couple of hours later, Florence was back on the witness stand.
As Stallworth’s trial continues Thursday, co-defendant Freddy Thornton is expected to testify against Stallworth.
Comments
3 Responses to “Near Mistrial In Stallworth Trial”
I sat on the jury for the first trial. Unless more evidence is presented this time, one has to come back with a not guilty verdict. There is simply not enough evidence to find him guilty if a juror takes his instructions to heart to “think of him as not guilty unless it is proven beyond a reasonable doubt that he is guilty.” I hope jurors don’t go in with preconceived ideas about the guilt or innocence of a person.
He cannot be convicted of murder if there is no evidence.
There are gaping holes and various inconsistencies in the star witnesses’ testimonies.
Can you sentence a man to life if you are UNSURE of what he is even there for???
Is there a REASONABLE DOUBT?
If he “beats the charge” as you say, it would be because they cannot DISPROVE his innocence.
He lawyer’d up quick and has kept his mouth shut. This one might beat the murder charge. Perhaps the Pros. Att. should have pursued a different path in this case.