Mistrial declared in suit against judge

0 Comments | Philadelphia Inquirer, The, June, 2009 | by Joseph A. Slobodzian Inquirer Staff Writer

The trial of a civil property-fraud lawsuit against Philadelphia Judge Willis W. Berry Jr. abruptly ended in mistrial yesterday when the only defense witness launched a tirade against plaintiff Denise Jackson, calling her a liar and a crack addict who falsely accused three men of rape.

When Sandra Rose-Moss' 20 minutes of testimony was over, Common Pleas Court Judge Charles B. Smith sent the jury out, told lawyers his ruling, and then recalled the jury.

"In 28 years on the bench I have granted one previous mistrial, and today I am granting a second because we have seen a rogue witness," Smith said.

While the jury was out, Berry's attorney, Samuel C. Stretton, argued strenuously to let the case go to the jury. Stretton blamed Jackson's attorney, Barry S. Yaches,...