Mistrial declared after man's eye falls out on witness stand
PHILADELPHIA (AP) - An assault trial over a fight that cost a man his left eye ended in a mistrial Wednesday when his prosthetic eye popped out as he was testifying, startling jurors.
John Huttick was weeping on the witness stand in Common Pleas Court as he testified about the impact of losing his eye in the August 2011 fight in the parking lot of a bar called the New Princeton Tavern, The Philadelphia Inquirer reported.
Suddenly, the $3,000 prosthetic blue eye popped out. Huttick caught it and cried out as two jurors gasped and started to rise.
"I couldn't believe it just came out," Huttick said.
Judge Robert Coleman, who called it an "unfortunate, unforeseen incident," granted a mistrial motion by defense attorney Eileen Hurley. He scheduled a new trial for March 4.
A group of people including Huttick and defendant Matthew Brunelli had been drinking at the bar, Assistant District Attorney Mark Gilson said. Brunelli left with a girlfriend but got into an argument with another patron that turned into a fight in the parking lot, and when Huttick tried to separate the pair Brunelli threw a punch that hit Huttick's left eye, Gilson said.
Hurley said her client, who's charged with aggravated assault, struck Huttick with a fist, but Gilson said he "stabbed" Huttick with a metal key sticking out between his fingers.
Huttick, who's suing Brunelli, said that he lost his job because of the injury and that depression drained his finances and nearly broke up his relationship with his girlfriend.
"A year later," Huttick said, "I have no place to live, and I ran out of money."
John Huttick was weeping on the witness stand in Common Pleas Court as he testified about the impact of losing his eye in the August 2011 fight in the parking lot of a bar called the New Princeton Tavern, The Philadelphia Inquirer reported.
Suddenly, the $3,000 prosthetic blue eye popped out. Huttick caught it and cried out as two jurors gasped and started to rise.
"I couldn't believe it just came out," Huttick said.
Judge Robert Coleman, who called it an "unfortunate, unforeseen incident," granted a mistrial motion by defense attorney Eileen Hurley. He scheduled a new trial for March 4.
A group of people including Huttick and defendant Matthew Brunelli had been drinking at the bar, Assistant District Attorney Mark Gilson said. Brunelli left with a girlfriend but got into an argument with another patron that turned into a fight in the parking lot, and when Huttick tried to separate the pair Brunelli threw a punch that hit Huttick's left eye, Gilson said.
Hurley said her client, who's charged with aggravated assault, struck Huttick with a fist, but Gilson said he "stabbed" Huttick with a metal key sticking out between his fingers.
Huttick, who's suing Brunelli, said that he lost his job because of the injury and that depression drained his finances and nearly broke up his relationship with his girlfriend.
"A year later," Huttick said, "I have no place to live, and I ran out of money."
I'm speechless really. This is like a Seinfeld episode on steriods!
HAHA, I used to play hoops at the gym with a guy who had a glass eye and it came out once in a while. Â The reactions from people finding out the first time was hilarious.
Totally unfair!
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When did a nay ever fall out of an aye socket? It can't be done.
Case dismissed!
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It was likely declared a mistrial because the dramatic moment of the occurance would be considered influencial grandstanding and is not considered a fair assessment of the facts.
It is all law and order until your witness loses an eye. No?
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I think it was a mistrial because the dramatic visual of the eye popping out, is impossible to remove from the jury's minds. Therefore one could argue the jury is now tainted, hurting the defenses case.
*defense's case
That should not have been a mistrial. Geez! Why?
 @The WA Mama Because seeing something like that would taint the jury in the plaintiff's favor. They had to declare a mistrial and get a new jury.
@Natasha @The WA Mama I would say that it reinforced the idea that this man is suffering from the loss of his eye and that it is embarrasing to him when his fake eye pops out at unfortunate times. No mistrial needed.
Why was this a mistrial? Let's spend more money to retry. Dumb.
Damn, hate it when that happens! Don't think it will hurt his case!
If the eye does not fit, you must acquit. Â
Alpha goes "Ayeyaiyai!" Talk about cheap special effects.
Show of hands, eyes have it...
MY EYE!!!
We just saw this on a first-season Boston Legal episode. The TV version was much more dramatic; the eye actually bounced off of witness stand and onto the floor, like the infamous lost meatball in the camp song.Â
Eye see, very interesting story...
I was wondering whether he did this for effect?
 @Komo Dragon He should be ordered to wear an eye patch at the next trial.
 @R.  @Komo Dragon The classic Dale Chihuly defense.
Bet no one saw that coming.
 @70MonteCarlo I don't care who you are, THAT was funny...