Judge Clayton Davis denies mistrial motion in Kevin Daigle trial

Kevin Daigle | Photo Source: Louisiana State Police
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LAKE CHARLES, La. (KPLC) - Judge Clayton Davis denied two defense motions today in the capital murder trial of Kevin Daigle.

One was to bar moving the trial to Lake Charles and another for a mistrial.

The defense argued that if the Lafayette jurors are moved to Lake Charles they will be worried about their families and the bad weather and therefore would be distracted from their duties and maybe even hold it against the defense.

However, Judge Davis said to grant the motion would be to sell jurors short.

Davis said he expects jurors to do their job and that there’s no legitimate reason to doubt that they will. The judge said they need to finish what they started.

Also Davis added they could be criticized even more for staying and waiting for the storm to pass.

At 12:30 p.m. the jury will hear from defense expert and neuroscientist, Jeffrey Lewine of the Mind Research Network. He will likely testify about so-called mitigating factors the defense will use to try to persuade jurors not to vote for execution.

All the defense needs is one juror to vote against the death penalty and Daigle will get a life sentence as it takes a unanimous vote to impose the death penalty.

The trial continues in Lafayette today but will be held in Lake Charles tomorrow, due to Tropical Storm Barry.

Daigle was convicted of first-degree murder Tuesday and the trial is now in the penalty phase and near the end.

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