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A judge declares a mistrial for two Pike county teens accused of killing horses for fun earlier this year.
Testimony was supposed to begin this morning against 18 year olds Jacob Ratliff and Michael Damron.
The commonwealth objected when the teens' attorney used a mental illness defense in opening statements. Prosecutors asked for a mistrial, saying they were never told *that* defense would be used.
"When you put it all together cumulatively, what has gone on here is unfair," says Assistant Commonwealth's Attorney Elizabeth Burchett. "It's improper, it's not right, and we can't undo it."
The judge agreed to the mistrial, saying defense attorneys were required by law to give 20 days notice they were using mental illness in the trial.