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Mistrial declared in dog beating case

New trial date set for June.

April 15, 2011|By MARY KATE MALONE | South Bend Tribune Staff Writer

SOUTH BEND — The trial of a man accused of beating his dog nearly to death last summer ended before it had barely begun Thursday afternoon in St. Joseph Superior Court.

Gerald McKinney’s defense attorney, Gary Griner, asked the judge to declare a mistrial after it became clear that seating an impartial jury would be difficult.

Several potential jurors told the attorneys they were familiar with the case because of pretrial publicity and had already formed opinions about McKinney’s role in the crime, court officials said.

The county had called 28 people as potential jurors, but only 22 showed up to court Thursday morning, according to court records. From that pool, attorneys needed to select six people for the jury.

The potential jurors had also reportedly discussed the case among themselves as they were waiting for jury selection to begin.

St. Joseph Superior Court Judge Jane Woodward Miller granted Griner’s request, and a new trial date for McKinney was set for 10 a.m. June 23.

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"It’s frustrating," said St. Joseph County Deputy Prosecutor Mark Roule, who is representing the state in the case. "Because the defense was ready to go, and the state was ready to go."

McKinney, 41, is facing one count of mutilating an animal, a class D felony , and one count of animal cruelty, a class A misdemeanor.

A pitbull, bloody and barely breathing, was found in the backyard of his residence on Greenleaf Lane on Aug. 4, according to prosecutors. A freshly dug grave and two bloody baseball bats were nearby, police reported.

Police arrived at the house to find McKinney asleep and a group of six to eight juveniles inside.

McKinney is being held in the St. Joseph County Jail. His next court date is June 3.

Staff writer Mary Kate Malone:
mmalone@sbtinfo.com
574-235-6337

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