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Judge declares mistrial in Mo. murder case

Associated Press

Posted on November 27, 2009 at 11:13 AM

Updated Friday, Nov 27 at 4:26 PM

KANSAS CITY, Mo. (AP) — A Jackson County judge has declared a mistrial and dismissed a murder charge against a Kansas City man accused of participating in a drive-by shooting.

Circuit Judge Robert Schieber issued the decision Wednesday, adding that prosecutors can't retry Markus D. Lee on the charges connected to the 2007 killing of Eliseo Thomas.

It was the third time Lee has faced murder charges and avoided conviction.

Schieber made his decision after a police detective being questioned before jurors mentioned that he'd met Lee before, implying he had a criminal past. That could have prejudiced jurors against Lee.

Prosecutors have not yet determined if they'll appeal Schieber's ruling.

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Information from: The Kansas City Star, http://www.kcstar.com

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