BENTONVILLE -- Circuit Judge Robin Green postponed the trail of a Missouri main accused of trying to kill his ex-wife.
Michael Doll, 52, of Jasper, Mo., is charged with attempted capital murder, aggravated residential burglary and battery.
Doll's former wife told a 911 dispatcher on June 7, 2016, that he tried to break into her Bella Vista home and a bullet grazed her side when he shot at her, according to court documents.
Jury selection was scheduled to begin Friday.
Prosecutors on Tuesday received a 2005 report that Doll had been arrested in Florida on a domestic abuse-related charge. Defense attorneys planned on presenting a defense that Doll is not guilty of the crimes because he has a mental disease or defect caused by a traumatic brain injury in 2016.
Green cancelled the jury trial due to new new evidence.
Kevin Lammers, one of Doll's attorneys, told Green on Tuesday the defense had to re-examine trial strategy. Lammers said the report should have been turned over because Doll was arrested in 2016.
Stuart Cearley, chief deputy prosecutor, said they received the report Tuesday and turned it over to the defense.
Green said rules of fair play dictated that she reset the trial.
The judge specifically ruled that prosecutors had not committed any violations and Doll could have told his attorneys about the 2005 arrest, but the possible brain trauma may have impacted him memory.
Lammers said he will tell prosecutors if he decides to withdraw the defense of not guilty by mental disease or defect.
Green rescheduled jury selection to begin Oct. 30. She scheduled hearings for 8 a.m. Oct. 1 and Oct. 29.
Doll's ex-wife told a 911 dispatcher he tried to break into her home and gunfire was heard on the phone, according to court documents.
Doll was acting as his own attorney at one point and claimed that his actions were self-defense.
Doll is being held on $500,000 bond in the Benton County Jail.
NW News on 09/07/2018