NEW PHILADELPHIA -- Tuscarawas County Common Pleas Court Judge Elizabeth Leigh Thomakos has declared a mistrial in the rape trial for Newcomerstown resident Daniel McComas after a lie detector test was mentioned during cross-examination by his defense attorney.
The request for a mistrial was made by Tuscarawas County Assistant Prosecuting Attorney Amanda Miller.
McComas, 19, is facing 25 years to life in prison if convicted for the alleged rape of an 11-year-old girl at his mother's home.
When cross-examining an investigator in the case, McComas' attorney, Dan Quinn, reportedly asked a Newcomerstown police officer if his client was participated in a lie detector test. A lie detector test is inadmissible in court.
McComas was not subjected to a lie detector test.
Miller advised the court the mention of a lie detector test could prejudice the jury. Thomakos agreed with the prosecutor after reviewing case law.
Three witnesses including the victim testified prior to the mistrial.
McComas is alleged to have raped the victim while his mother was baby-sitting the girl. His DNA was found inside underwear prosecutor's say belonged to the girl, but Quinn contends the panties belong to another female who had sex with McComas.
The trial was scheduled to resume Monday, at which time a new jury will be seated.