SPOKANE, Wash. (AP) — The discovery of new evidence was what prompted a judge to declare a mistrial in the prosecution of a Spokane man who is charged with killing the nephew of U.S. Sen. Jon Tester of Montana in a sword attack.
The Spokesman-Review in Spokane reported Friday that court records show a sheriff’s detective found a text message in the case file while preparing to give testimony that had not been turned over to the defense.
John A. Radavich has pleaded not guilty to killing 35-year-old Robert J. Tester, the senator’s nephew, in the 2016 attack at the younger Tester’s home.
Prosecutors say 24-year-old Radavich was seeking revenge because he believed Tester had assaulted a 17-year-old girl Radavich had previously dated.
A new trial is set for August.