LITTLE ROCK, Ark. (AP) - Attorneys for a West Memphis police internal affairs investigator have withdrawn their request for a mistrial in the officer's federal witness tampering case.
The Arkansas Democrat-Gazette reports that attorneys for Lester Ditto asked for a mistrial and that prosecutors be prohibited from retrying Ditto because of a comment by prosecutor Henry Leventis in front of the jury.
Leventis had objected that a defense question to a witness would elicit inadmissible "hearsay" testimony and that Ditto could testify and answer the question.
Defendants are not required to testify and attorneys are prohibited from making any such suggestion.
The defense withdrew its request after U.S. District Judge James Moody said Friday that the remark was grounds for a mistrial - but he would not agree to prohibiting Ditto being tried again.