David Eisenhauers defense attorneys made a motion for a mistrial on Tuesday after a video of Eisenhauer being interviewed by FBI special agent Travis Witt was shown in court.
John Lichtenstein said that Witts remarks were deeply prejudicial and jurors could not help but be swayed by the agents description of sexual predetaros.
"The inescapable implication, Lichtenstein said, was that Witt was calling Eisenhauer a predator.
Commonwealths Attorney Mary Pettitt*replied that jurors should get to see the whole interview so they can weigh Eisenhauers physical responses as well as his spoken answers to Witts questions.
Judge Bobby Turk agreed and denied the motion for mistrial.
Day 3 of the trial is scheduled to begin at 8:30 a.m. on Wednesday. *