Judge Lockette decides to not declare a mistrial

Chief Judge Willie Lockette has decided that the trial of a gang shooting incident will continue Friday. The question of a mistrial emerged after a defense attorney may have violated a court order not to pursue an alibi argument.

Both attorneys for the state and the defense argued their positions outside the presence of the jury today.

Essentially, the court was weighing whether defense attorney Jim Finkelstein violated court rules when he told jurors during his opening statement that his client, Tchywaskie Jones, was home alone with his child when shots were fired at Carver Pool in 2009.

Finkelstein is required to give notice to the state when he intends to use an alibi defense so that the state can adequately investigate it.

Finkelstein has told the court that he misunderstood the rule.

The jury has been sent home until Friday morning.

Tchywaskie Jones, Dabkowski Luke and Jerry Lee Harris Jr are on trial in connection with the shooting of Donald Winchester at a crowded city pool on June 16, 2009 in what the state contends was a gang-related shooting.