Judge declares MISTRIAL in murder case against Simone Biles' brother who is accused of 'shooting three men dead' at New Year's Eve party after jurors read legal paperwork inadvertently given to them
A judge in Ohio declared a mistrial in the murder trial of the brother of Olympic gymnastics champion Simone Biles after jurors said they had read legal paperwork that inadvertently was included in evidence given to them to review.
All 12 jurors told the judge during their third day of deliberations on Monday that copies of legal briefs from Tevin Biles-Thomas' lawyers and prosecutors arguing over whether Biles-Thomas might have acted in self-defense had influenced them.
It was not clear how the paperwork ended up with the evidence. Defense attorney Joe Patituce told prosecutors that he and his fellow counsels did not print any documents and instead used only electronic files.
A mistrial was declared on Monday in the murder trial of Simone Biles' older brother, 26-year-old Tevin Biles-Thomas (pictured left in his mugshot, and right in 2019)
A judge declared the mistrial after jurors said they had read legal documents that somehow ended up mixed in with evidence that was given to them to review as they deliberated the fate of Biles-Thomas, pictured above with his champion gymnast sister (right)
A new trial is scheduled to get under way on Wednesday, beginning with the selection of a new jury, reported Cleveland.com.
Biles-Thomas, 26, who served in the US Army, is charged with murder, voluntary manslaughter, felonious assault and perjury in connection with a 2018 New Year's Eve party shooting in Cleveland that left three men dead.
Biles-Thomas has pleaded not guilty to all the charges against him. He has been free on bond since December 2019.
Authorities said gunfire broke out when a group of men arrived uninvited to the party at an Airbnb apartment in Cleveland. DelVaunte Johnson, 19; Toshaun Banks, 19, and 23-year-old DeVaughn Gibson were killed.
There is no physical evidence, such as DNA or fingerprints, that would tie Biles-Thomas to the shooting.
Biles-Thomas pleaded not guilty in 2019 to shooting and killing three men during a New Year's Eve party in Cleveland
The prosecution's case hinged on testimony from two witnesses who survived being shot, one of whom said she did not see the face of the shooter.
Simone Biles has said on Twitter that she was struggling with her brother's arrest and that her heart ached for the victims and their families.
Biles and her three siblings had spent their early years in and out of foster care in Ohio as their mother struggled with drug and alcohol addiction.
Biles, the 24-year-old gold medalist and the most decorated gymnast of all time, made history over the weekend when she became the first woman to perform a particularly difficult and dangerous move in competition.
Biles is set to defend her title at the Tokyo Summer Olympics in July.
Biles, the most decorated gymnast of all time, made history on Saturday when she became the first woman to perform a particularly difficult move in competition
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