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Comerzan defense asks for acquittal; state calls for gag order

Two motions are set to be heard in June ahead of a second murder trial for Serghei Comerzan.

ABC 17 News covered the week-long trial in St. Charles County this month, moved from Audrain County. Comerzan, 22, is accused of resisting arrest and murder in the death of Missouri State Highway Patrol trooper James Bava in 2015.

Defense attorney Charlie James filed a motion for acquittal on Wednesday, online court records show. Assistant Audrain County Prosecutor Scott Fox filed a motion to “gag” the defense team, an order that would stop James and co-counsel John James from speaking about the case publicly.

Judge Ted House will hear those motions on June 15 in St. Charles County.

House called a mistrial last Friday when the jury could not reach a unanimous verdict after 14 hours of deliberations. Jurors reported that there were “majority” and “minority” opinions just before the mistrial. One juror told ABC 17 News that the entirety of deliberations were civil, but could not get everyone to agree on a verdict.

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