DATE: Friday, September 19, 1997            TAG: 9709190804

SECTION: LOCAL                   PAGE: B4   EDITION: FINAL 

SOURCE: STAFF REPORT 

DATELINE: VIRGINIA BEACH                    LENGTH:   32 lines

MISTRIAL DECLARED FOR MAN ACCUSED OF TRYING TO KILL OFFICER

A mistrial was declared Thursday in the trial of Michael R. Mitchem, charged in the attempted capital murder of a policeman.

Circuit Judge John K. Moore issued the ruling in the second day of the trial after a former Virginia Beach police officer testified about a statement Mitchem made to him while being arrested on July 20, 1996.

The statement was not made available to Mitchem's defense attorney before trial. The state was unaware that it had been made by Mitchem until the former officer testified on Thursday.

Moore declared the mistrial because the defense has a legal right to know about all statements made by defendants to law-enforcement officers.

In addition to attempted capital murder, Mitchem is charged with attempted malicious wounding, eluding a police officer, reckless driving and driving on a suspended license.

The state plans to try him again on the same charges. A trial date is scheduled to be set on Monday.

Mitchem is accused of leading police on a chase through Virginia Beach on July 20 in a stolen FBI van. Mitchem crashed into a Virginia Beach police car and injured a police officer. That collision is the source of the attempted capital-murder charge.

In April, Mitchem was sentenced to 31 years in prison for attacking his mother earlier on the day of the chase. He gouged out his mother's eyes and then stole her car, leaving his mother lying on the shoulder of South Military Highway.

Send Suggestions or Comments to webmaster@scholar.lib.vt.edu