Serghei Comerzan's attorney seeks judgment of acquittal in trooper's death
ST. CHARLES - Serghei Comerzan's attorney has filed a motion for judgment of acquittal after a mistrial was declared on murder charges in the death of state trooper James Bava.
Comerzan's attorney, Charlie James, filed the motion with the Audrain County prosecuting attorney Tuesday afternoon saying the "defendant is entitled to a judgment of acquittal, and the state is barred by double jeopardy from retrying this case."
James said the evidence strongly suggested Comerzan neither heard, nor could have been expected to hear, Bava's siren or see his emergency lights.
Prosecutors had argued there was a seven second interval early in the chase in which Comerzan could have seen Bava behind him.