Prosecutors have filed a motion asking a judge to vacate the mistrial he declared after a jury convicted Laquaine Chapman of child molestation on Aug. 16.
Superior Court Judge David Roper declared a post-verdict mistrial and granted Chapman a new trial sua sponte, or of his own volition, after determining that an error was made in allowing jurors to view certain evidence. The district attorney’s office filed a motion Monday stating that “granting a mistrial is not an appropriate remedy for any error committed during the defendant’s trial.”
“The defendant has been tried and convicted and trial proceedings have therefore concluded,” the motion reads.
Chapman was indicted on two counts of aggravated child molestation and one count of child molestation based on sodomy allegations from a 7-year-old girl. He was found guilty on all counts after a two-day trial.