New York Post:  Dramatic Re-Opening of an Investigation in the Middle of a Murder Trial

As reported by the New York Post: “A Bronx judge yesterday declared a mistrial in the Easter 2006 shooting death of a 2-year-old boy. Bruce Barket, the lawyer for defendant Nicholas Morris, 28, maintains he has evidence another man killed David Pacheco Jr., who was in the back seat of his family's minivan on the way to church when a stray bullet - fired in an argument between two groups of men - pierced the door.

Morris' lawyer cites evidence that includes a blue sweater smelling of gunpowder. DNA on it did not match Morris'. It hasn't been compared to the DNA of the other suspect, who fled after the shooting.

Prosecutors had theorized that Morris and the other man took turns firing the same gun. But they did not object to Barket's request for the mistrial and are reopening their investigation. Meanwhile, Morris continues to be held without bail.”

The District Attorney, after later meeting with Attorney Barket agreed to dismiss the charges against Morris.