After a previous mistrial and adjournment, the attorneys appeared before Justice Saks on December 7, 2004 to begin trial. Prior to that date, appellant's counsel had contacted a key witness to confirm his availability for trial. On December 7, appellant's counsel represented that the case was ready for trial, jury selection commenced, and two jurors were sworn. The next morning, prior to continuing the voir dire, appellant's counsel requested to appear before the judge because...
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