MAYVILLE – Chautauqua County Judge David Foley will likely announce today whether or not he will declare yet another mistrial in the Justin Haffa attempted murder trial.
The Post-Journal is reporting that on Friday it was learned the prosecution provided incorrect statements earlier in the week regarding its awareness of follow-up medical treatment for Sheriff’s Deputy Sara Cunningham.
Judge Foley said he would deliberate on the matter over the weekend and would return with a decision today.
Haffa is accused of attacking Cunningham during a traffic stop along Route 60 in the town of Pomfret in the early morning hours of Sept. 11, 2016. He’s accused of wrestling Cunningham to the ground, using a knife during the incident, and also taking her service weapon before fleeing the scene. He is facing charges of first-degree attempted murder, first-degree robbery and aggravated assault on a police officer.
The case has already involved one mistrial. Last September it was learned that the prosecution failed to share evidence with Public Defender Ned Barone before presenting it to the jury and as a result Judge Foley declared a mistrial.