Posted: Jul 29, 2010 4:55 AM by Andrea Fontenot
Source: Associated Press
An Orleans Parish judge called a mistrial in a murder case because the defense lawyer had just learned prosecutors had the alleged murder weapon.
Kendell Stewart remains jailed on $500,000 bond charged with helping kill 15-year-old Javonte Morgan outside a fast-food restaurant in 2008.
The judge rescheduled trial in October.
Prosecutors have said since 2008 that police never found the 9-mm handgun.
It had been in state custody since 2008, from another case.
Court rules let the defense test physical evidence long before trial.
The prosecutor says he only learned this week that police had the gun.