Prosecutors to retry Anderson murder case for a third time




  • In US
  • 2021-12-01 23:19:00Z
  • By The Herald Bulletin, Anderson, Ind.

Dec. 1-ANDERSON - Tywaine Perry is awaiting the setting of a date for his third trial on charges of murder and attempted murder in connection with a 2016 shooting.

Earlier this month a jury deadlocked on reaching a verdict with Judge Mark Dudley declaring a mistrial.

Dudley has set a hearing for 8:30 a.m. Friday to set a new trial date.

Madison County Prosecutor Rodney Cummings said last week that he plans to take the case to trial for a third time.

Perry's defense attorney Spenser Benge has requested that Dudley consider releasing Perry on a bond.

Perry, 22, was arrested in January 2017 in connection with the shooting death of Carlson Conn and the wounding of Marcus Prickett.

His first trial started on Aug. 10 with the selection of a jury, but the next day Dudley declared a mistrial when people were talking to the jurors about the case.

Benge is Perry's sixth court appointed public defender since his arrest.

Tracy Carrrillo-Whitton was appointed Perry's public defender following his arrest.

Mark Maynard was appointed to represent Perry in February 2017 and withdrew from the case in May 2019 when he retired from the public defender's office.

Jeff Lockwood was appointed Perry's third public defender and withdrew in September 2019 when he retired and was replaced by Paul Podlejski who left the public defender's office when appointed as Anderson City Attorney.

Bryan Williams was briefly appointed to represent Perry until Benge was appointed.

Benge was named public defender on Jan 24, 2020.

Normally there is no bond set on a charge of murder.

"There is a process in murder cases where bond can be set," Benge said.

He said in the first mistrial a juror communicated with someone outside the Madison County Government Center.

Benge said Judge Dudley declared the mistrial to err on the safe side.

Being the sixth public defender in the case, Benge said this makes it difficult to defend Perry on the murder and attempted murder charges.

"It's files that have gone through several hands," Benge said. "You have to follow-up on depositions and the evidence in the case."

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.

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