A DeKalb County judge declared a mistrial Wednesday in a 2006 gang murder case because the defense attorney wasn't prepared.
Defendant Michael Blaine, 20, was to begin his trial in DeKalb County Superior Court until Judge Mark Anthony Scott put a hold on the proceedings.
"[The defense attorney] was held in contempt of court," DeKalb District Attorney spokesman Erik Burton said.
Scott's office declined to comment on the case, because the case is still pending. But in court Tuesday morning, Scott had stern words for Blaine's attorney, Herbert Adams, Jr.
"Justice is being delayed here, Mr. Adams," the judge said.
Scott said he would personally write a letter to the State Bar of Georgia declaring the mistrial, although it is unclear how that will affect Adams.
Adams said that he asked the court for more time to prepare for the case.
"I had requested more time prior to the trial," Adams said. "But the DA would not consent and the judge declined. I was forced to go forward."
Adams said he filed a second request for a continuance Monday, which also was denied. Then both the assistant district attorney and the judge deemed Adams unprepared to continue.
"To bring this up now makes me wonder what's really going on," Adams said.
Blaine is accused of being the ringleader of a violent robbery crew that committed a string of home invasions in 2006. On Sept. 16, a day before he was to appear before a judge on those crimes, 7-year-old Timothy Johnson, Jr., a witness to one of Blaine's alleged robberies, was killed.
Johnson's 15-year-old sister Alexus, also a witness, was critically injured in the attack that killed her brother.
Blaine was not implicated in that fatal home invasion, but has been indicted on two separate murders.
But after the attack on witnesses, the Georgia State Bar Association ruled that all the attorneys involved in the case needed to be replaced, court officials said.
At the time, there remained four members of the 10-man robbery crew to be tried in court. Since then, three others have joined their cohorts in pleading guilty to a host of violent crimes, including robbery, kidnapping and other charges.
Only Blaine remained.
"It's an exceptionally long time," DeKalb County Chief Assistant DA Don Geary told The Atlanta Journal-Constitution.
A new attorney will be selected to defend Blaine and the trial will proceed at a later date.
"I don't anticipate it will be tried this year," Geary said.
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