As proceedings resumed this morning for a man accused of killing a 18-year-old, a judge ruled against allowing the jury to see a video that showed the shooter calling the incident an "accident."
The video, which was shown to Hamilton County Criminal Court Judge Barry Steelman Thursday, shows defendant Myles Stout several hours after the shooting, when he was left alone in an interrogation room at the Hamilton County Sheriff's Office.
In the video, Stout weeps and apologizes to God and his mother, saying, "God, you know it was an accident."
Stout, 21, has been charged with second-degree murder in the March 9, 2011 shooting death of Myles Compton at a friend's home.
Stout's attorneys, Hank Hill and Mike Little, argued that the video could be admitted because it directly countered earlier testimony by Amanda Freeman, a witness to the shooting who said Stout's demeanor was "joking" and "playful" while the two at the sheriff's office after Compton was killed.
Prosecutor Lance Pope objected to the video being shown, saying it was recorded an hour and 40 minutes after Freeman gave her statement to authorities.
Steelman ultimately ruled not to admit the video, saying the lapse of time meant it could not be used as a direct rebuttal to Freeman.
Steelman also said there was danger in allowing the jury to see Stout say the shooting was an accident without giving prosecutors a chance to cross-examine the statements.
Proceedings were delayed today, the fourth day of the trial, as Steelman held a lengthy bench conference with attorneys regarding one juror, who tearfully spoke with the judge and attorneys.
At the court's recess around noon, it was unclear what the issue was regarding the juror.
For complete details, see tomorrow's Times Free Press.