Breaking News
More () »

Judge declares mistrial in murder case of 13-year-old Dylan Redwine

The defense team for Mark Redwine, who was indicted in 2017 on a charge of second-degree murder, requested a mistrial based on COVID-19 concerns.

DURANGO, Colo. — The murder trial of Mark Redwine in the 2012 death of his 13-year-old son Dylan was declared a mistrial on Monday afternoon.

Redwine, 59, was indicted on charges of second-degree murder and child abuse resulting in death in July 2017 and has been held at the La Plata County Detention Center ever since.

Dylan Redwine disappeared in November 2012 while visiting his father in Vallecito. His partial remains were found in June 2013.

Mark Redwine's attorneys had requested the mistrial based on concerns about COVID-19. In a court hearing Monday morning, the defense team told the judge that members of their team were showing COVID-19 symptoms.

The defense team said they wanted to quarantine for 10 to 14 days, according to a spokesperson for the La Plata County District Attorney's Office.

According to the mistrial order from Chief Judge Jeffrey Wilson, the La Plata County district attorney, Christian Champagne, made allegations in a hearing Monday concerning recent behavior by one of Redwine's attorneys.

That allegation was "a report that a member of the defense team was seen interacting with others over the weekend in a manner not consistent with quarantine protocols," according to the DA's Office spokesperson.

The prosecution also said in the hearing that Redwine said in a phone call this past weekend from the La Plata County Detention Center that his defense was seeking to prolong the proceedings, the spokesperson said.

Wilson said in the mistrial order that he wasn't making a finding on the veracity of the allegations.

"If such allegations are true, the Court has no choice but to grant D-180 and declare a mistrial to ensure that Mr. Redwine has effective assistance of counsel," the order says.

Since Redwine's indictment, his trial has been delayed multiple times. It was first postponed in November 2018 as a judge worked to rule on a number of pretrial motions.

A trial date in September 2019 was postponed again after his attorney was arrested on assault and domestic violence charges. 

Finally, an April 2020 trial was postponed due to the COVID-19 pandemic.

Jury selection began last month. More than 2,600 people received a jury summons. The goal was to select 12 jurors and two alternates.

Jury selection was put on hold last week, though, after Wilson experienced possible symptoms of COVID-19. According to Court Executive Eric Hogue, the chief judge experienced a lack of taste and smell Thursday morning. The symptoms subsided later in the day.

A new trial date for Redwine will be discussed during a meeting set for 11 a.m. Friday.

RELATED: Jury selection in Mark Redwine trial on hold after judge experiences possible COVID-19 symptoms

RELATED: Judge postpones Redwine trial after attorney's arrest

RELATED: Mark Redwine pleads not guilty, asks for jury trial