Judge David Ritchie has granted a continuance in the case because District Attorney Rick Bryant cannot go forward due to health problems.
Judge will not swear jury in because if he did double jeopardy would attach and the defendants could not be tried again. That's because the constitution prohibits anyone from being tried for the same crime twice.
District attorney John DeRosier says Prosecutor Rick Bryant has immediate health issues that are being dealt with by his doctors. It's not clear if Bryant is being hospitalized.
As it currently stands, the case will start over in January.
At last word judge Ritchie was meeting with jurors to explain that they will not be serving on the case because the case will not go forward.
Prosecutors had asked for a continuance in the trial of Robyn Davis and Carol Sissy Saltzman after it was revealed Assistant District Attorney Rick Bryant is ill.
District Attorney John DeRosier described the health issues as significant, and had said there was a real possibility Bryant could not go forward in prosecuting the case.
Attorneys for Davis and Saltzman had objected to the continuance request. Attorney Glen Vamvoras said a mistrial is a hard remedy and First Assistant District Attorney Cynthia Killingsworth should go forward with the case.
Vamvoras said the defense had agree to a recess for a number of days.