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Prosecution, defense react following mistrial

Attorneys on both sides of the James Boyd case had strong reactions to the declaration of a mistrial.

Special Prosecutor Randi McGinn says she was glad this case was tried in the public, for everyone to see.

“It is a prosecutor’s job to seek justice for the dead in hopes that it may protect the living in the future,” McGin said. She says it’s not up to her if the now-former officers will face a retrial.

“Whether we’re going to go forward again, that’s going to be somebody else’s decision,” she said.

A new district attorney will take over in less than three months and that person will have the power to decide whether the case is tried again.

Defense attorney Sam Bregman said the case should have never have gone to trial in the first place, because the officers did what they were trained to do.

“This was I think a misguided prosecution and a jury just came back in a vote of nine to three and agreed with us,” Bregman said.

He said it would be a waste of time and money to try the now-former officers again.

“I hope sincerely they look at this case, they look at the financial resources that were spent, and they look at the weak jury support that the state had for this case and let these two good men get on with their lives,” Bregman said.

Both Sandy and Perez paid for the defense out of their own pockets. Both former officers are close to bankruptcy. The defense said that if they are tried again, they’ll take the case pro-bono.

Sandy is now retired from law enforcement. An attorney for Perez said that when these legal issues are resolved, he does plan to pursue a career in law enforcement again.

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