CHEROKEE COUNTY, Texas (KETK) – The first days of a murder trial in Cherokee County resulted in a mistrial on Monday after an investigator reportedly failed to disclose a piece of digital evidence to all parties in the trial.
According to InstaNews Cherokee County, Cody Ray Roberts is charged with capital murder of 18-year-old Trevor Lawson, who was found dead by an apparent gunshot wound in a home on CR 2117 in the Maydelle area on November 7, 2018.
Cherokee County Sheriff Brent Dickson said the trial for the murder of Lawson began in the 369th District Court on Monday. A jury was picked and the state began calling witnesses on Tuesday.
During the trial, the CCSO and the district attorney’s office determined “that a piece of digital evidence was not released to the district attorney’s office or the defense.”
The issue was brought before Judge Michael Davis and the defense. Davis declared a mistrial at that time and the trial will be rescheduled for a later date.
“Cherokee County Sheriff’s Office takes full responsibility for this issue and believes that there was no ill will by the investigator who failed to disclose this piece of digital evidence,” a statement by Dickson said.
Dickson went on to say that the sheriff’s office supports Judge Davis’s ruling, “as we will always support a fair and honest judicial system.”
To ensure this type of mistake isn’t repeated in the future, the sheriff’s office said it is in the process of implementing policy and procedures.
At this time, the suspect remains in the Cherokee County Jail.