A mistrial has been declared in the murder trial of a suspect charged in the 2017 death of a Bancroft, Nebraska man.
District Judge Mark Johnson declared a mistrial Tuesday in the case of Derek Olson, who is charged in the March 11th, 2017 death of 64-year-old Ernest Warnock.
Warnock’s body was found in the burned rubble of his home after he had been fatally stabbed.
Olson’s trial had been taking place in Cuming County District Court in West Point, Nebraska.
At issue was testimony from a former state trooper who testified during the trial that he was present at a pre-polygraph examination of Jody Olson, Derek’s father.
The defense moved for a mistrial after the former officer’s testimony over the polygraph comments and Judge Johnson granted the request.
The judge says Derek Olson’s defense may claim it was Jody Olson who actually killed Warnock and the jury must determine the credibility of witnesses.
Jody Olson, plead guilty last December to 2nd degree murder in the case.
His sentencing is set for April 4th.
A new trial date for Derek Olson has been tentatively set for May 6th.