Despite 2 mistrials, judge won’t dismiss murder indictment

PROVIDENCE, R.I. (WPRI) — After hearing arguments Friday on a defense motion to dismiss an East Providence man’s murder indictment in the wake of two mistrials, a Superior Court judge declined the defense’s request.

Judge Rodgers called the state’s failure to disclose information “sloppy” but did not find the state withheld information from the defense intentionally and refused to toss Andrew Jett’s indictment.

Jett is accused of stabbing his girlfriend Michelle Busby to death in 2012. At the time, Jett was on probation for the 1992 murder of Stephanie Oxendine.

The judge declared a second mistrial in the case of Andrew Jett earlier this month, citing “multiple discovery violations” by prosecutors.

In court filings obtained by Eyewitness News prior to Friday’s hearing, Jett’s public defenders accused prosecutors of orchestrating the mistrial. The defense argues the case was going badly for prosecutors, so they deliberately withheld evidence in order to force a mistrial and get a third shot at a conviction.

Prosecutors countered by calling the defense’s allegations “offensive.”