UPDATE: A Shasta Superior Court Judge has denied a motion for a mistrial in the Mark Duenas murder trial.Our Action News Now crew witnessed the mishap at around as the day's testimony was about to wrap up.
The judge's decision came after Duenas' defense attorney Tuesday asked for a motion for an immediate mistrial after a mistake with a video presentation by the prosecution just three days after the trial opened.
The problem began while the prosecution was playing a dvd recording of Duenas being interviewed by detectives shortly after his arrest. Minutes into the presentation, however, prosecutors realized that a portion of the interview that was not supposed to be played was playing in the courtroom. It was during that segment when Duenas was heard asking for an attorney to be present. Our reporter tells us a member of the prosecution team leapt up to turn down the recording.
Prosecutors explained to the judge that the there was a long and short version DVD recording. The long version was the one that was mistakenly played to the jury.
That brought an immediate response by Duenas' attorney Ron Powell who said that portion of the recording was prejudicial, and motioned for an immediate mistrial.