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'Egregious & reckless:' Bedford DA's office faces more scrutiny following latest mistrial


Bedford County courthouse (WJAC file)
Bedford County courthouse (WJAC file)
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Another case in Bedford County has been dismissed over misconduct during trial by the district attorney's office.

Nathan Jackson was charged with Endangering the Welfare of a Child and DUI, but his case was dismissed Tuesday on double jeopardy grounds after a state police trooper said in his trial last month the defendant "pled the fifth" numerous times.

The order by Judge Travis Livengood reams out District Attorney Lesley Childers-Potts for ongoing problems in court that he said even novice prosecutors, let alone the District Attorney, should know to avoid through knowledge and preparation.

“The repeated course of prosecutorial misconduct by the District Attorney's Office in causing mistrials is alarming and disturbing to this court,” Livengood wrote. “The present case is the third mistrial granted due to prosecutorial misconduct by the District Attorney's Office in a span of fewer than nine months, and is the second case dismissed on double jeopardy grounds.”

We told you last year how that same judge admonished the DA's office for having three cases involving crimes against children end without a verdict, in the span of a few months. Since then, one of those cases did go to trial, ending with a not-guilty verdict.

RELATED | 'Nonsensical & inconsistent:' Bedford DA's office under fire from judge after 2nd mistrial

In fact, the judge says all 5 cases that went to trial in Bedford County last year either ended in a not-guilty verdict or were dismissed before its conclusion.

“(W)e are unaware of a case in Bedford County ever being dismissed on double jeopardy grounds for prosecutorial misconduct-it has now occurred twice in the last six months,” Livengood stated. “This pattern of reckless prosecutorial conduct is extremely abnormal, detrimental to the proper functioning of the criminal justice system, and harmful to the public's trust in its courts.”

Childers-Potts has said she isn't running for re-election.



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