CROWN POINT — A judge declared a mistrial Friday after a witness in a murder trial said he met the defendant in a work release program, defense attorney Scott King said.
Anthony H. Day, 51, of Gary, was on trial this week on charges of murder, attempted murder and battery by means of a deadly weapon.
Day is accused of wounding his ex-girlfriend and killing her new boyfriend, Ajohnte J. Griffin, 36, of East Chicago, in a shooting Feb. 10, 2017, in Gary.
King said Lake Criminal Court Judge Diane Boswell granted his motion for a mistrial late Friday morning after the witness, who owns the home where the shooting occurred, testified he met Day in a work release program.
Work release programs provide an alternative to incarceration.
The state had been barred from presenting testimony about Day’s criminal history.
Lake County prosecutor’s office spokesman Bradley Carter did not immediately return a message seeking comment.
King said the man’s testimony was inadvertent.
Lake County Deputy Prosecutors Kathleen Kurowski and Maureen Koonce asked to reschedule the trial next week, but King’s schedule did not allow that, he said.
Boswell scheduled a new trial to begin Oct. 21.