Clarke murder trial cut short

Her body was discovered under the Redwood Bridge in July 1998.

Kimberly Clarke was a 36-year-old mother of three. She had been raped and beaten.

Charged with first degree murder is 21-year-old Roderick Muchikekwanape.

His first degree murder trial started earlier this week, but ended abruptly Friday in a mistrial.

The reason: the jury heard that in 1998 a warrant had been issued on Muchikekwanape for sexual assault.

The judge presiding over the trial immediately removed the jury from the courtroom.

Muchikekwanape's lawyer says he heard one juror say "I guess we weren't suppose to hear that."

Greg Brodsky says a sheriff also heard the juror's comment.

Brodsky says " if he heard it at the far side of the courtroom, we could never have a fair trial."

Don Slough is the Crown's Acting Deputy Director of Trials. He says "normally that doesn't happen."

Clarke's common law husband did not want to make a comment.

Police say the officer involved was one of their best, and he made an unfortunate, honest mistake.

No disciplinary action is being considered.

Brodsky says Muchikekwanape will apply for bail in the near future.

As for another trial, the wheels will be set in motion next month.

But it could be sometime before another jury is picked, and another murder trial is underway.