Judge Denies Mistrial Request During Day 5 of Weisheit Murder Trial

Day Five of the Jeffrey Weisheit murder trial will be known for what happened outside the courtroom as much as what happened inside. The prosecution can rest easy after a major decision on Friday by the judge presiding over the case.<br>
Day Five of the Jeffrey Weisheit murder trial will be known for what happened outside the courtroom as much as what happened inside. The prosecution can rest easy after a major decision on Friday by the judge presiding over the case.

Heading into Day Five, there were questions about the possibility of a Day Six. Judge Daniel Moore answered those questions by denying the defense's motion for a mistrial.

Weisheit's defense attorney Michael McDaniel filed the motion for a mistrial after the spouse of Juror #10 brought in a plate full of cookies with a note attached to it earlier this week.

McDaniel claims the note was more than just a 'thank you' note and made reference to protecting the family of the victims, Alyssa and Caleb Lynch.

This communication was deemed improper by Judge Moore and a violation of state law. McDaniel argued it could have compromised the jury's ability to be fair and impartial but, in the end, Judge Moore ruled against him.

After the development first surfaced on Thursday, Judge Moore questioned each member of the jury to determine whether the note had any impact on his or her ability to be fair and impartial, as required by state law. Many of the jurors stated they didn't even notice the note or didn't think anything of it, according to Judge Moore. Because of this, the motion was denied. However, McDaniel says he plans on appealing the decision if necessary.

Earlier this week, it was revealed that prospective Juror #2 had been arrested on contempt of court charges. The arrest came after McDaniel's office receive any anonymous phone caller stating Juror #2 had been discussing the case and allegedly making threats toward Weisheit.

Outside of the drama in the jury box, the defense called only one witness to the stand on Friday. Detective Kerri Blessinger from the Vanderburgh County Sheriff's Office told the court she believed Weisheit was faking his inability to remember the details of the alleged arson and murders of Alyssa and Caleb Lynch. Det. Blessinger also stated Weisheit appeared to have been faking sleep as she was talking to him after he was arrested following a high speed chase in Boone County, Kentucky.

Det. Blessinger also told the court Lisa Lynch admitted to having an intimate relationship with a coworker while Lynch was still dating Weisheit. This relationship apparently took place in the Fall of 2009, several months Lynch's children were murdered.

Blessinger's testimony comes on the heels of the testimony of Weisheit's coworkers on Thursday. Chief Deputy Prosecutor Gary Schutte says those coworkers testified that Weisheit had apparently stated he would make Lisa Lynch 'disappear' if he had ever found out she was cheating on him.

McDaniel says he plans on calling an additional eight witnesses on Monday and Tuesday and could rest by Tuesday afternoon. That means closing arguments could be tentatively scheduled for Tuesday afternoon.
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