Mistrial granted in murder trial
Aug. 13—ANDERSON — A judge has granted a mistrial in a murder case, and the Madison County Sheriff's Department is investigating reports that people were speaking to jurors to determine if any criminal charges will be filed, according to the prosecutor's office.
Jurors were already selected in the murder trial of Tywaine D. Perry when officials learned that Perry's friends and family members were talking Monday to jurors, said Madison County Chief Deputy Prosecutor Andrew Hanna.
"Both the defense and the state had made a motion for a mistrial," he said.
Perry, 22, is charged with murder in connection with the Dec. 8, 2017, shooting of Carlson Conn.
Perry was 17 at the time of his 2017 arrest and was allegedly working for his brother to collect money from drug customers when Conn was killed.
According to police, Perry arrived at Conn's house in the 2400 block of Lincoln Street about 4 a.m. Dec. 8, 2017. An 18-year-old man who lived with Conn answered the door.
The unidentified man said Perry asked for Conn and then forced his way into the house, pulled out a handgun and said Conn owed him money.
Perry allegedly fired several rounds into the room, killing Conn.
Deputy Prosecutors Daniel Kopp and Jesse Miller are prosecuting Perry's murder trial; defense attorneys are Spenser Benge and Paul Podlejski.
Hanna said that during jury selection, there were three to five family members and friends of Perry's in the courtroom; a number of potential jurors expressed concerns about potential retaliation.
Hanna said it is not uncommon for jurors to have concerns, but this time there were more than usual.
After the jury was selected and the courthouse had closed for the day, courthouse security told two of the people in the courtroom they had to leave. The two people lingered outside the courthouse until jury members were leaving and then spoke to some of them, said Hanna.
"Obviously the defense was concerned that the jurors would hold that in some way against the defendant, and the state did not want the jury to feel any fear or pressure," said Hanna.
Madison Circuit Court 6 Judge Mark Dudley granted a mistrial in the case Tuesday. A new trial date is set for 8:31 a.m. Nov. 8.
Follow Traci L. Miller @_TraciMiller on Twitter, email her at traci.miller@heraldbulletin.com, or call her at 765-640-4805.
