ALBUQUERQUE, N.M. (KRQE) – A judge declared a mistrial in the case of a suspected serial shoplifter because the prosecution identified the suspect to a witness. Jose Seineke was in court on Tuesday and accused of stealing $8,000 worth of goods from Target stores across Albuquerque.

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During questioning, Seineke’s lawyers had an objection to this interaction. Seineke’s lawyers filed a motion for mistrial in response to the line of questioning stating the recent case of New Mexico v. Antonio M, where a lawyer identified the suspect to witnesses.

The judge, in that case, ruled the defendant’s due process rights were violated and declared a mistrial. “The whole point is that the jury has now heard these words and has identified this defendant by that name and by his appearance. I don’t think that bell can be unrung. So I’ll grant the motion for mistrial,” said the judge.

The judge declared a mistrial, no word if Seineke will be retried.