Dec. 4—ANDERSON — A hearing on a new trial date for Tywaine Perry has been continued.
It will be the third potential trial for Perry on charges of murder and attempted murder in connection with a 2016 shooting.
The first two trials ended in mistrials.
Last month a Madison Circuit Court Division 6 jury deadlocked on reaching a verdict with Judge Mark Dudley declaring a mistrial.
Dudley has set a hearing for Dec. 16 at 2 p.m. to set a new trial date and consider a request to set bail for Perry.
Perry was arrested in January 2017 in connection with the shooting death of Carlson Conn and the wounding of Marcus Prickett.
Perry, 22, is charged in the Dec. 8, 2016 shooting death of Carlson Conn and wounding Marcus Prickett in the arm in the house the two men shared on Lincoln Street.
The key testimony during the trial was that of Prickett, the only eyewitness to the shooting.
Prickett testified that Perry opened the door to the house he shared with Conn, asked where Conn was and displayed a gun. Prickett said he left the living room and went to a bedroom.
A disputed point during the trial was a letter Prickett sent to the court in 2019 in which he stated he lied and could not identify the shooter.
Prickett testified that Perry wrote the letter and he copied it. A state's witness testified that she placed money in Prickett's jail commissary account at the direction of Perry.
In his closing remarks, Deputy Prosecutor Daniel Kopp said Prickett made inconsistent statements and wrote the letter because he was intimidated and scared after being threatened while in jail on an armed robbery charge.
Contact Ken de la Bastide at 765-640-4863.