(JEFFERSONVILLE) - Prosecutors seeking the death penalty for an Evansville man accused of murder and arson have rested their case.
Jeffrey Weisheit is accused of setting fire to his girlfriend's home in April 2010 with her two children inside. Five-year-old Caleb Lynch and eight-year-old Alyssa Lynch were found dead inside the home after firefighters extinguished the blaze.
Weisheit lived with the children's mother, Lisa Lynch, who was working at the time of the fire.
Prior to the state resting its case Thursday, defense attorneys sought a mistrial due to a note brought in by a family member of one of the jurors. The defense claimed the juror's conduct impacted the process of the trial which was cause for a mistrial.
Clark County Circuit Judge Dan Moore rejected the motion but had the juror removed and replaced by an alternate. Judge Moore will allow attorneys to re-argue the mistrial motion before the defense continues its case.
Weisheit has plead not guilty to the charges.
During jury selection, defense attorney Mike McDaniel told the jury panel that they would not find any that Weisheit deliberately set the fire.
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