Montgomery Circuit Court Judge Darren Chadd declared a mistrial Wednesday in the case against a Crawfordsville woman charged with two felony counts of neglect of a dependent resulting in catastrophic injury.
Megan Marshall, 26, was on trial for neglect after her 3 1/2-month-old daughter sustained life-threatening and life-long injuries Aug. 22, 2019, while in the care of Marshall’s boyfriend, Dylan T. Myers. A jury convicted Myers in October 2022 of one felony count of neglect of dependent resulting in catastrophic injury. The court sentenced him to 30 years in the Indiana Department of Corrections. Myers is appealing his conviction and sentence.
Jurors heard from four witnesses Tuesday during a half days’ worth of testimony. On Wednesday, six additional witnesses, including emergency medical personnel who cared for the injured child and a case manager from the Child Protective Services, gave testimony throughout the morning. Then at 11:15 a.m. Wednesday during a recess and with the jury outside of the courtroom, Marshall’s defense attorney, Bryan Coulter, asked the judge for a mistrial. He claimed his client was in great peril because the jury had inadvertently heard two statements, they should not have heard on a videotape that was played Tuesday afternoon by the prosecution.
Prosecutor Joseph R. Buser argued the jury of six men and six women could be instructed by the court during the deliberation phase of the trial to disregard Marshall’s statements made to Det. Lt. David Long on the videotape.
However, Chadd disagreed with the state, saying he could not “unring that bell” and that he had no choice but to grant Coulter’s request for a mistrial.
A new jury trial for Marshall will be scheduled, likely in August or September. The court and attorneys will conduct a telephone conference June 28 to agree upon a new court date.
