On Friday (Apr 22), Circuit Judge Steve Henderson issued an order granting a mistrial in the State’s prosecution of Robert CASON, dismissing two counts of Aggravated Battery with a Deadly Weapon (F2), and two counts of Battery (M1).

The Order came after attorneys for CASON made a motion for mistrial based on assertions that Assistant State Attorney Bryon Aven had presented knowingly false and misleading testimony to the jury. In a hearing on Friday, the State argued that the fault was not intentional and offered options to remedy the action, however Judge Henderson granted the defense motion with prejudice, prohibiting further prosecution of CASON for these offenses.

Prosecutors have a responsibility to professionally perform their duties with honesty, integrity, and within the rules of criminal procedure. By taking the oath of office, assistant state attorneys are expected to faithfully represent the values of this office before the Court.

At the direction of State Attorney Phil Archer, our office has undertaken a detailed review of the trial record to establish if those standards of performance were maintained at all times during this prosecution.

ASA Aven has been removed from the trial docket and assigned to other duties while the review is undertaken.