Judge denies motion for mistrial in 2009 murder case

Michael Smith, left, is being tried for the 2009 death of Drake Muncie.

GOSHEN — Jurors began deliberations Thursday in the trial of a Tennessee man accused of a 2009 murder in Elkhart, hours after the judge refused to declare a mistrial over one witness’s remarks.

Lawyers for Michael Smith, a 32-year-old former Elkhart man now living in Union City, Tennessee, moved for a mistrial after a witness was apparently about to state or imply that Smith was in jail after his arrest. The judge denied their motion and instead instructed the jury to disregard the remark.

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