Mistrial declared in W. Mass. fatal crash trialAP , Associated Press
Mar. 26, 2013 8:01 AM ET
SPRINGFIELD, Mass. (AP) — A judge has declared a mistrial in the trial of a Southwick man charged with being drunk when he was involved in a car crash that killed another driver.
The Hampden Superior Court judge declared a mistrial in the case of 37-year-old Daniel Leary on Monday after the jury learned the defendant had been charged with drug possession. The judge had previously ruled that the drug charge could not be introduced at trial.
Prosecutors tell The Republican (http://bit.ly/11GC4Fj ) they plan to retry Leary.
Leary is charged with motor vehicle homicide while under the influence of alcohol for the March 2011, crash that killed 29-year-old David Laduzenski in West Springfield.
Leary is free on bail after pleading not guilty. His lawyer says Breathalyzer results in the case are inaccurate.
Information from: The Springfield (Mass.) Republican, http://www.masslive.com/news/