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Third mistrial request in Brossard trial denied

A disagreement over a point of law suddenly erupted into a mistrial request 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, 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 request Blumenfield has made since the trial began last week.

Editor’s note: The Kenosha News, Racine Journal-Times and Janesville Gazette are teaming up in a cooperative effort to cover the trial of David Brossard in Elkhorn. Each day, each newspaper will carry shared coverage of the trial, and information also will be available at the papers’ Web sites.