BROSSARD TRIAL: Third mistrial motion in case denied

By JESSICA STEPHEN, KENOSHA NEWS   Tuesday, Aug. 25, 2009
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David Brossard trial, Aug. 25, 2009

A witness in the trail of David Brossard describes a conversation in which she said Dawn Brossard told her she came home to see her wedding photos and a gun placed on her bed. David Brossard is charged with killing his wife. Click to play

— A disagreement over a point of law erupted suddenly into a mistrial motion this afternoon in the David Brossard murder trial.

Defense attorney Charles Blumenfield jumped to his feet and demanded a mistrial after he said prosecutor Phillip Koss inferred David Brossard should testify on his own behalf; Brossard, accused of killing his wife, Dawn Brossard, is not obligated to testify.

“You are absolutely lying!” Koss shouted, also jumping to his feet. “I’m going to set that on the record. It’s garbage!”

“Woah,” Walworth County Circuit Judge James Carlson interjected.

“Judge, he’s been trying to intimidate you for a week,” Koss continued.

“I’m not being intimidated,” Carlson said.

Blumenfield, walking toward the judge’s bench, rejoined the debate to deny Koss’ claim, until the judge cut him off.

“And I don’t need you to make any long speech either. Sit down both of you,” Carlson said, banging his gavel.

The mistrial request was not granted. It was the third such request Blumenfield has made since the trial began last week.

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