Judge declares mistrial in Richard McTear murder case

TAMPA - Ten seconds of star witness testimony derailed a murder trial four years in the making.

Judge William Fuente ordered a mistrial Tuesday, a day after the victim's mother used inflammatory statements during her testimony.

"He wanted to come over and I told him no," said the victim's mother, Jasmine Bedwell.  "He told me he was going to come over and shoot my baby in the face and piss on his face and he was going to kill both of us." 

Bedwell let it all go on the stand about the threats she says her ex, Richard McTear, made to her baby boy.

McTear is accused of tossing the four-month-old out of a moving car to his death on the interstate.  

Right after her testimony, a judge swiftly dismissed the jury and sent them home.

"The statement that is now been testified to is clearly in conflict with the court's order, which clearly prohibits that question having been raised," said defense attorney Michael Peacock.

The defense has gotten its way keeping a lot of potential inflammatory statements and wording away from the jury box, until now.

These words could also spell trouble for Bedwell too, according to defense attorney Bryant Camereno, who is not connected to the case.

"If she's found in contempt, she could be given jail time. She could be imposed a fine or she could even be given probation," said Camareno.

Not only that.  If Judge William Fuente orders a mistrial Tuesday, prosecutors will have to start all over, and more taxpayers dollars will be needed to start a new jury selection.

Watch the trial proceedings live at  http://wfts.tv/V2uW2W.

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