Mistrial Declared in Derek Olson Murder Trial
Mistrial Declared in Derek Olson Murder Trial
March 27, 2019Updated: April 22, 2019
By News Channel Nebraska
By News Channel Nebraska
WEST POINT, NE - A northeast Nebraska judge declared a mistrial Tuesday in a Cuming County murder case.
Judge Mark Johnson sustained a motion for a mistrial in the Derek Olson murder trial in Cuming County District Court. Olson is charged in the 2017 murder of 64-year-old Bancroft resident Ernest Warnock.
The mistrial stems from a statement made by a witness. Court documents say a former investigator with the Nebraska State Patrol mentioned being present for a pre-polygraph test administered to Olson's father, Jody Olson, in front of the jury. The older Olson pleaded guilty to second-degree murder in December and is expected to be a central witness in the case against his son.
Polygraph tests are not admissible in court and court precedent says the mere mention of a polygraph can influence the jury's opinion.
A new trial is scheduled for May 6th through 17th.
Judge Mark Johnson sustained a motion for a mistrial in the Derek Olson murder trial in Cuming County District Court. Olson is charged in the 2017 murder of 64-year-old Bancroft resident Ernest Warnock.
The mistrial stems from a statement made by a witness. Court documents say a former investigator with the Nebraska State Patrol mentioned being present for a pre-polygraph test administered to Olson's father, Jody Olson, in front of the jury. The older Olson pleaded guilty to second-degree murder in December and is expected to be a central witness in the case against his son.
Polygraph tests are not admissible in court and court precedent says the mere mention of a polygraph can influence the jury's opinion.
A new trial is scheduled for May 6th through 17th.