Natrona County District Judge Catherine Wilking declared a mistrial this morning in the trial of accused wife murderer Thomas Miller.
The second day of the trial came to a screeching halt this morning after a witness said Thomas Miller had an affair with Thomas Miller's own first cousin.
Defense attorney Robert Oldham objected to the statement and Wilking asked the jury to go on recess.
After the jury and the witness’s departure, Oldham immediately asked Wilking for a mistrial. He argued that this topic would irreversibly taint the jury and reminded the court that it was explicitly deemed to be off limits during pretrial proceedings.
District Attorney Michael Blonigen stated that he thought he was very clear with the witness that the subject was not to be mentioned, but said he did not think the slip rose to the level of a mistrial.
Wilking said she would go on recess and return with her decision. When she returned, she declared a mistrial.
A new trial is tentatively set for Dec. 9.
Miller is accused of shooting and killing his wife Natalie in March.