Lowy agreed, finding that while police misconduct is one basis for a dismissal after a mistrial, that alone is not a sufficient basis to dismiss a case.
“While the conduct of the police witnesses in the case was inexcusable and serious, any prejudice to the defendant has been diffused with the granting of a mistrial,” the judge wrote in his one-page ruling issued yesterday.
“Further, there would have been no reason for the police officers to have sought a mistrial,” the judge also found. He said that even if the officers understood the implications of their improper testimony, they had no reason to goad Hurley and his lawyer from seeking a mistrial.
A status hearing in the case is scheduled for Monday, during which Hurley may ask to be released on bail.