According to the Post-Journal, Judge Foley denied public defender Ned Barone’s request for mistrial, but acknowledged “serious concerns” with the way the DA’s Office has represented itself during trial.
Barone is defending the Justin Haffa, who stands accused of assaulting and attempting to kill Chautauqua County Sheriff’s Deputy Sara Cunningham during a traffic stop on Sept 11, 2016.
Last week it was learned the district attorney knowingly possessed information that he didn’t acknowledge to the defense in relation to a medical visit Cunningham. Once Barone learned of the visit and that the DA knew it had taken place, he requested a mistrial.
Haffa is facing charges of first-degree attempted murder, first-degree robbery and aggravated assault on a police officer.
Jurors were off Monday and will return to court today to continue with the trial.