Mistrial in case of slain NYPD officer

December 22, 2008 4:16:46 PM PST
A judge declared a mistrial Monday in the murder case of a man charged in the shooting death of a New York City police officer. The mistrial of Lee Woods occurred after a juror became sick and couldn't continue with deliberations. Defense lawyers refused to consent to restarting deliberations with an alternate juror, compelling the judge to order the mistrial.

Woods is one of three men to stand trial in recent weeks in the killing 23-year-old officer Russel Timoshenko during a 2007 traffic stop. A Jan. 14 hearing was scheduled to discuss the retrial of Woods, Brooklyn district attorney's office spokesman Jonah Bruno said.

Patrolmen's Benevolent Association President Patrick Lynch said the mistrial was hard for the slain officer's family to bear.

"It seems all the rights go to the bad guys and the good guys have to wait," Lynch said. "Wait we will. We'll be back when the trial is done again."

Three separate juries heard the case because the men made statements implicating each other.

Last Wednesday, a jury acquitted Robert Ellis of aggravated murder and attempted murder but convicted him of three counts of weapons possession.

Last Friday, another jury convicted Dexter Bostic of aggravated murder and attempted murder. Prosecutors said Bostic, who faces life in prison without parole when he is sentenced Feb. 22, sat in the front passenger's seat of the stolen sport utility vehicle and shot 23-year-old Timoshenko twice in the face after he approached.

Timoshenko's partner, now-Detective Herman Yan, was wounded during the traffic stop.

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