It turned out the defense lawyer also once represented a defense witness.
YOUNGSTOWN -- A new trial date and lawyer will be selected for Edward Dubose, who is charged with an aggravated murder that occurred on the city's South Side.
Judge James C. Evans of Mahoning County Common Pleas Court declared a mistrial in Dubose's case Wednesday.
Police have charged Dubose, 23, of Albert Street, with killing Marcus Bradley on Nov. 12, 2001.
Atty. Anthony P. Meranto, who had represented Dubose, explained that he also had represented a defense witness, who would have given Dubose an alibi.
Meranto said the case in which he represented the defense witness was resolved and unrelated to the Dubose matter.
He said, however, the county prosecutor handling the case, Jay Macejko, would have questioned the defense witness "in a manner detrimental to Dubose."
Macejko said the mistrial was unfortunate as he had his witnesses lined up and was ready to proceed.
Judge Evans said he explained to Dubose that the jurors, who were impaneled late Tuesday, might draw a negative conclusion toward Dubose if they knew he and his alibi witness were represented by the same lawyer.
He said that creates a potential conflict and an appearance of impropriety.
The judge said he would appoint another lawyer for Dubose and set another trial date.
Victim moved from out of state
Police found Bradley, also known as Marcus Moore, shot to death at Mercer Avenue and Hoffman Street. Bradley had moved to Youngstown from Minnesota about a year before he was killed, police officials have said.
Police had little evidence to go on, but while investigating another crime, agents from the federal Bureau of Alcohol, Tobacco and Firearms and Explosives gleaned new information that led police to Dubose and his cousin, Ceyanie Dubose, 28, of Lora Avenue, police said.
A county grand jury indicted them on the aggravated murder charge in 2003. Both men have been in the county jail since then.
The trial of Ceyanie Dubose is scheduled for June 13 in common pleas court.