Mike Wallace testifies in assault trial (Update)
District Judge Ronald Chapman stopped the trial after learning that two potential witnesses in the trial violated the judge’s order and remained in the courtroom to hear testimony. The case began Tuesday and had been expected to run into Friday.
A spokeswoman for the District Attorney’s Office said prosecutors will retry the case.
The witnesses involved were Robert Wood, a companion of Wallace on the night of the concert and a participant in the fight, and Joshua Bluchar, a PNC Amphitheater employee who came upon the brawl as he was leaving work. Both were expected to give key testimony in the trial. Now, both are charged with civil contempt of court and will return to Chapman’s courtroom next month for a hearing.
Before the trial, the judge gave lengthy instructions to prospective witnesses, which included his decision that they be banned from the courtroom until after they had testified. So-called sequestration is common in courtrooms, with judges and attorneys not wanting witnesses to hear anything in court that could influence their testimony.
Wood and Bluchar, however, sat through portions of the opening testimony in the case. When Assistant District Attorney William Biggers learned of it, he shared the information with defense lawyers George Laughrun, Kenneth Swain and Joe Ledford before court on Wednesday.
The two witnesses were brought in and interviewed by the attorneys. When court began, the defense team called for a mistrial. Chapman considered the motion over lunch, then came back in to announce the trial was over. Chapman also angrily lectured Wood and Bluchar before finding them in contempt, an observer said.
While Laughrun said he was disappointed that prosecutors intend to retry the case, he believes Wood’s and Bluchar’s actions made it impossible for the current trial to continue.
"These were not incidental witnesses," he said. “Judge Chapman, as tough a decision as he faced, absolutely made he right call."
Wallace attorney Jon Burns said the family “is disappointed that there was a mistrial, and they look forward to having their day in court." More from Michael Gordon/Charlotte Observer
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| Wallace assault photos |
10/26/16 Former NASCAR driver Mike Wallace still suffers from black floaters in his right eye and still has problems with depth perception from injuries suffered in an alleged assault June 17 following a Rascal Flatts concert. Wallace testified about his injuries Tuesday during the first day of trial for three men charged with misdemeanors assaulting him, his daughter and son-in-law.
The men — Paul Lucas, 29, Nathan Lucas, 24, and Randolph Mangum, 23 — pleaded not guilty during the arraignment prior to the start of the trial. The 57-year-old Wallace also suffered a broken tooth that he still needs to have replaced as well as lacerations in his mouth. His daughter in law Lindsey Wallace Van Wingerden suffered a broken wrist and black eye.
Under cross examination, the focus was on Wallace's actions that night. He said he had four drinks – two at dinner and two during the concert. He said he wasn't inebriated. He had taken anti-anxiety medication earlier in the day, medication that his prescription indicated he was not supposed to mix with alcohol.
In other testimony, the arresting police officer indicated that he was told the men charged in the fight acted in self-defense. The police investigation report includes three additional victims, including people with the last name Lucas and Mangum. The trial will continue Wednesday morning. ESPN.com