New Evidence In Lover’s Killing Prompts Mistrial
In light of newly discovered documents brought to the court’s attention, a judge today declared a mistrial in the murder case of a homeless man accused of beating his lover to death with a brick in Palm Springs, a defense attorney said.
Brian Harwood, 32, allegedly bludgeoned John Baird to death on March 16, 2006. Both men were homeless at the time, according to court records.
Concerns over Harwood’s mental competency have been much of the reason for numerous delays in his case, and today’s stoppage was in much the same vein.
Around the time the prosecution began its case Friday afternoon, an investigator presented to the court documents from Humboldt County that include Harwood’s juvenile court and mental health records.
Superior Court Judge Richard A. Erwood ruled today that the evidence was relevant to the case and declared a mistrial.
“Nobody knew it existed. It was a surprise to both sides,” Joe Forth, Harwood’s attorney, told City News Service. “It puts a whole new light into the trial, so we have to get that evidence and go over it.”
The jury was to be dismissed this afternoon, but several people with knowledge of Harwood’s past who flew in from Northern California to testify will undergo conditional examination to prevent them from having to travel back to Indio when the trial restarts, he said.
If the new evidence indicates more competency issues, it could be a while before another trial.
“Apparently it’s illuminating,” Forth said. “We have to look at (the evidence) and start again down the road.”
Harwood was ruled mentally competent to stand trial on two separate occasions since he was arrested in March 2006.
Baird’s body was found by a clean-up crew near the intersection of Sunrise Way and Baristo Road the morning after Harwood allegedly beat him to death, according to Palm Springs police.
During the most recent competency hearing, Forth was seeking a deal to have Harwood immediately placed in a mental institution, but the District Attorney’s Office denied the request.
