GASTONIA, NC (WBTV) - The Judge declared a mistrial Monday in the second murder trial of convicted killer Danny Hembree.
The judge declared a mistrial after Hembree took the stand and told the jury that he had sex with a member of the prosecution team.
The judge said there is no reason to believe Hembree's allegations of having sex with a female assistant district attorney are true. In fact, the judge said it appeared Hembree was trying to commit fraud against the court. That led Hembree's attorneys to ask to withdraw from the trial.
The prosecution argued strongly against declaring a mistrial, but the judge said he had no choice.
Hembree is on trial for the death of Randi Saldana in 2009.
While Hembree was speaking to the judge Monday, Saldana's sister stood up and started yelling obscenities at Hembree. Deputies removed the entire family from the courtroom.