CHESAPEAKE, Va. -- Chesapeake Circuit Court Judge Randy Smith on Thursday refused a defense motion for a mistrial in the case of 21-year-old James Boughton Jr., a Deep Creek man accused of killing a Mormon missionary and wounding another in 2006.

The attorney, Andrew Sacks, argued that the prosecution had failed to turn over evidence in a timely manner on several occasions.

"These violations are incurable," he said.

Portions of Boughton's video-recorded interview, pieced into a DVD by the prosecution Wednesday night, was at the center of the dispute. Deputy Commonwealth's Attorney D.J. Hansen said that while much of the interview was inadmissible, he had prepared the video using what was.


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