Defense Attorney

The defense is seeking a mistrial in the Mary
Benz infant abuse case after Benz’s attorney stumbled upon evidence he said was
valuable to his client’s case and not previously disclosed by the
prosecution.

Defense attorney Richard Hahn made the motion Thursday after
spotting a social worker’s case file while he was in District Attorney Joe
DeCecco’s office editing an audio recording earlier in the day. In a notation
made June 28, 2007 ­ two days after a 10-month-old girl was found to have
significant vaginal injuries ­ the doctor who examined her said the parents
could not be ruled out as suspects and the injuries could have occurred earlier
than he said when he testified.