YOUNGSTOWN — An attorney representing Myckle J. Hughes, who nearly went on trial last September in an aggravated murder case, told the Seventh District Court of Appeals that Judge John Durkin of Mahoning County Common Pleas Court did not have a sufficient reason to declare a mistrial in the case.

Hughes, 23, of Campbell, is accused of killing Sean Bell, 18, on Oak Street Extension Aug. 21, 2018. Police initially responded to the scene of a car accident but found Bell’s body with gunshot wounds inside the vehicle.

The filing by attorney Douglas Taylor reiterated much of what he and co-counsel Tom Zena stated last fall in asking for charges to be dismissed against Hughes just after the judge declared the mistrial. But the new filing also objects to a phrase the judge used to explain his decision — “planted the seeds.”

Durkin ruled a mistrial after questioning several jurors selected to hear the case regarding angry remarks made by family members of the victim near the front of the courthouse Sept. 16, 2020.

Some jurors who heard the remarks said the comments would not hamper their ability to be fair and impartial jurors, but the judge dismissed one juror and one alternate from the panel after hearing from them.

The judge also indicated that he feared questioning the jurors about the remarks “likely planted the seeds in the minds of the jurors” that the remarks were relevent to the case, according to a judgment entry Durkin filed.

Taylor argued in the appellate brief there were still 12 jurors available to hear the case and the judge’s “planted the seeds” concerns were “speculative.”

The judge needed to show there was an overwhelming reason that the jurors would not be able to deliver a fair verdict, Taylor stated. Instead, the judge offered speculation that jurors might have been tainted. Because of that, Hughes should not be put in “jeopardy” a second time, and his charges should be dismissed, Taylor argued.

Double jeopardy in legal terms is “placing someone on trial a second time for an offense for which he/she has been previously acquitted,” according to the law.com web site.

Hughes’ attorneys argued that “jeopardy” attached to the the case at the point where a jury of 12 and alternates were selected for the trial Sept. 15.

Opening statements and witnesses were expected to begin Sept. 16, but they were postponed a week because a witness was not available. That news made the family of the victim angry, leading to the remarks being made within earshot of jurors leaving the courthouse, according to court filings.

After a juror and alternate were dismissed from the case the next day, Durkin declared a mistrial. The case has no new trial date because of the appeal.

The Mahoning County Prosecutor’s Office will get to file a response to Taylor’s arguments before the appeals court issues a decision.