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A mistrial was declared in the arson trial under way Tuesday in Kosciusko Superior Court I after the jury pool dried up.
John Baker, 35, of Goshen, was set for a three- to four-day trial for allegedly setting fire to his Wilcox Road home in rural Warsaw on Feb. 4, 1997. It was alleged that the fire was set to fraudulently collect insurance money.
Deputy Prosecutor Byron Tinkey said it was determined about 11:30 a.m. that there weren't enough potential jurors to choose from to seat a 12-person jury.
The jury pool started out with 35 people, five of whom were excused prior to court convening. Another three or four people were excused because they had pressing matters which would preclude them from staying for the allotted trial time.
Only six juror were seated after several people were excused "for cause," Tinkey said, and it was realized that there weren't enough potential jurors to fill the jury box.
Judge Richard Sand was to hear the case as senior judge because Kosciusko Superior Court I Judge Duane Huffer is on vacation.
Tinkey said that the prosecution and defense will confer with Huffer upon his return to re-set the matter for trial.
