Mistrial declared in Lexington murder case over jury bias against mental health claim
A mistrial was declared Monday for a man charged with murder and other offenses when it was determined that jurors selected could be “skeptical of mental health defenses.”
Larry Walters, 73, is charged with murder, wanton endangerment, assault and criminal mischief following a shooting which took place in March 2019 at Uncle 7’s Bar and Grill in Lexington. James Terry, 68, was killed in the shooting.
Walters’ trial began Thursday with jury selection. After opening statements Monday, the defense made a motion for a mistrial and the prosecution agreed. Judge Kimberly Bunnell sustained the motion. The parties plan to meet again to schedule a new trial date.
Court documents state Walters did not recall any of the events of the bar and was shocked and remorseful when informed of his actions. His defense team planned to argue that he was not guilty by reason of insanity.
But during the voir dire – the initial examination of a witness or a juror by a judge or counsel – the defense attempted to question jurors regarding predisposition for and against mental health defenses, according to court documents.
“This line of questions was significantly curtailed due to a belief that a jury may only consider a verdict of not guilty by reason of insanity if an expert were to testify as such,” the mistrial motion stated.
The defense planned to call several lay and expert witnesses to testify to Walters’ mental state at the time of the shooting and overall mental health conditions.
According to court documents, this testimony would have been “sufficient to give this instruction to a jury and therefore would be property to inquire about during voir dire.”
Walters’ defense team wrote in court records that it was without question that individuals are skeptical of mental health defenses.
“Public perception of a mental health defense as being some sort of weak excuse for otherwise inexcusable conduct is a significant factor,” the mistrial document states. “The ability to determine which jurors would not be able to consider expert and law testimony regarding insanity has resulted in a panel which may very well include jurors who are so predisposed against this evidence that they are impaired from service in this matter.”
The defense argued in the motion that this matter deprived Walters of due process under the Fifth and Fourteenth Amendments of the United States Constitution.
A status hearing is set for July 1 at 1 p.m. to determine a new trial date.
