AN American murder suspect may be cleared of killing a pensioner after a judge accidentally declared a mistrial.
Geary Otis, 64, was on trial in 2014 accused of stabbing 75-year-old Mary Oliver to death and injuring 71-year-old Emmanuel Surry in Atlanta, USA.
Otis’ lawyer said his client had “just snapped” and said he should be found not guilty by reason of insanity.
But the prosecution argued that they should have been told about the insanity plea in advance.
Judge Ural Glanville agreed with the verdict and, rather than keep the jurors in limbo, declared a mistrial with a new trial date to be rescheduled.
But now the Georgia Supreme Court has ruled that mistrial declaration was a mistake.
They said the prosecution did not need to know about the insanity plea in advance and revealed that any new trial would amount to double jeopardy.
As a result Otis may now walk free without ever having to stand trial for Ms Oliver’s killing.
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